FMCSA Violation Code

395.8E — False record of duty status (false log)

49 CFR 395 • Hours-of-Service BASIC • Severity 7/10

Out-of-service eligible Driver citation CSA weight 7

OUT-OF-SERVICE eligible

Code

395.8E

CFR section

49 CFR 395

BASIC

Hours-of-Service

Severity

7/10

Out-of-Service

Yes

Unit type

Driver

What this violation means

Falsifying a log — paper or ELD — is a serious offense. 7 SMS points, OOS-eligible (driver held until log is corrected and rest taken), and on a second offense within 3 years counts as a 'serious traffic violation' under 383.51 with 60-day CDL disqualification. Under ELD mandate, most false logs caught are edit-trail manipulations or unassigned-driving-time misallocations.

Why this gets cited

Driver running personal-conveyance time during what should be on-duty (most common ELD false-log pattern). Carrier coaching driver to edit ELD records ('just push the line over to fit'). Yard-move misuse to extend duty day. Pre-ELD: paper log padding.

How to fix / prevent

Treat the ELD as the source of truth. Edit only with documented reason notes. Audit ELD edit history monthly — pattern of edits at midnight on the 13th hour is a red flag. For owner-operators: if you make a mistake, leave it and add a note rather than editing it out — inspectors find pristine logs more suspicious than messy honest ones.

Out-of-service criteria

Yes — this violation IS out-of-service eligible. When an inspector finds 395.8E during a Level 1, 2, or 3 inspection, they can place the Driver OOS using the North American Standard Out-of-Service Criteria. OOS means the truck cannot move from the inspection site until the defect is corrected (vehicle OOS) or the driver is replaced (driver OOS). For carriers, every OOS violation adds time-weighted points to your CSA Hours-of-Service BASIC — and it shows in the public SMS data within 30 days. For drivers, an OOS event stays on PSP for 3 years.

CSA / SMS impact

395.8E carries a severity weight of 7/10 in FMCSA's Safety Measurement System (SMS). Higher weights mean faster CSA percentile movement. Combined with a time-weighting factor (3× for citations within the last 6 months, decaying over 24 months), this violation can move your Hours-of-Service BASIC percentile significantly if it stacks with similar citations across your fleet. The threshold for FMCSA intervention is the 65th percentile for most BASICs (50th for Hazmat and Passenger Carrier). Once you cross that, FMCSA can send a Warning Letter, Off-Site Investigation, or full Compliance Review.

How to read this: a single citation rarely puts you over threshold — it's the pattern. Track your inspection rate per power unit and aim for OOS rate under 5% (industry average is 21%).

Carriers recently cited (last 24 months)

Carriers most-recently cited for 395.8E in FMCSA inspection records (rolling 24-month window).

LADA TRANS INC
DOT #2998381 • last cited 2026-03-30
43×
ELITE FREIGHTWAYS LLC
DOT #3300200 • last cited 2026-06-19
27×
SWIFT TRANSPORTATION COMPANY OF ARIZONA LLC
DOT #54283 • last cited 2026-07-14
22×
ROCKY AND SONS TRUCKING COMPANY LLC
DOT #3285025 • last cited 2026-01-05
21×
SOUTHERN SPECIALTY FREIGHT LLC
DOT #3306210 • last cited 2026-06-25
20×
CLOUDTRUCKS LLC
DOT #3300318 • last cited 2026-03-30
20×
CRYSTAL TRUCKING INC
DOT #1165156 • last cited 2025-03-09
20×
NEW PRIME INC
DOT #3706 • last cited 2026-05-19
19×
SPEED INTERMODAL
DOT #2418540 • last cited 2026-02-19
19×
FREMONT TRANS INC
DOT #2820179 • last cited 2026-02-25
17×

Other violations in Hours-of-Service

395.3A1OOS

Driving more than 11 hours after 10 hours off

395.3B2OOS

Driving after 60/70-hour weekly limit

395.3COOS

Driving after 70 hours in 8 days without restart

395.22BOOS

ELD device not FMCSA-registered

395.3A2OOS

Driving after 14 hours on-duty

395.3A3Sev 5

Driving after 8 hours without 30-minute break

395.8AOOS

No driver's record of duty status

395.8ISev 3

Failing to enter required log content

Frequently Asked Questions

Can I be placed out of service for 395.8E?

Yes. 395.8E is on the North American Standard Out-of-Service Criteria list. An inspector who finds this during a Level 1, 2, or 3 inspection can place the Driver OOS at the inspection site. The truck cannot move until the defect is corrected. For vehicle-side OOS, that usually means a mobile mechanic or tow to the nearest shop. For driver-side OOS (HOS, CDL, drug/alcohol), it means the driver is removed from service and a qualified replacement must arrive before the truck can continue. Pro tip: do a thorough pre-trip every shift and address any issue listed in 49 CFR 395 before pulling onto the road — that's the only reliable way to avoid this one.

How long does 395.8E affect my CSA score?

395.8E stays in your CSA Hours-of-Service BASIC for 24 months from the inspection date. The impact is time-weighted: 3× points during months 0-6, 2× during months 7-12, 1× during months 13-24, then it drops off. Severity weight is 7/10, so each citation contributes 21 points in the first 6 months and decays from there. On the driver's PSP report, the same citation stays visible for 36 months — and a 5-year history of driver violations is available to motor carriers performing a hire review. If the citation is later dismissed in court (DataQs challenge succeeds, or the underlying ticket is dropped), the SMS record can be removed via FMCSA's DataQs portal — but you have to actively file the challenge.

Can I fight a 395.8E citation?

Yes, and you should consider it. FMCSA's DataQs system at dataqs.fmcsa.dot.gov lets carriers (and drivers) challenge any inspection violation. The two strongest grounds are: (1) the underlying state citation was dismissed or reduced in court — submit court paperwork as evidence; (2) the inspector applied the wrong code — for example, citing 395.8E when the correct citation is a different code with lower severity. DataQs has roughly a 35-40% reversal rate when carriers submit clean court documentation. The catch: you have to file within 24 months of the inspection, and the inspector's narrative usually wins ties. Because this is an OOS-eligible violation, the SMS impact is significant — even a successful DataQs reversal is worth it. Budget 2-4 hours per challenge plus any legal cost.

Does 395.8E show on PSP (Pre-Employment Screening)?

Yes. 395.8E is a driver-side violation, so it appears on the driver's PSP (Pre-Employment Screening Program) report and stays visible for 36 months. Carriers performing hire reviews can see it, and many use it to filter applicants — particularly for over-the-road and hazmat positions. If the driver fights the citation in court and wins, the PSP record can be updated via FMCSA's DataQs portal. If they plead guilty (even to a reduced charge), it stays on PSP. Bottom line: this citation matters for the driver's next job, not just for the carrier's CSA. Drivers should fight any moving violation that risks employment.

What's the difference between 395.8E and similar codes?

395.8E is in the 8-code group sharing the same BASIC. The closest siblings are: 395.3A1 (Driving more than 11 hours after 10 hours off); 395.3B2 (Driving after 60/70-hour weekly limit); 395.3C (Driving after 70 hours in 8 days without restart). Inspectors often cite multiple sibling codes from the same inspection — for example, a tire condition violation can simultaneously trigger codes for tread depth, sidewall, and inflation pressure. When you get cited under one sibling, check the report for the others before signing — they all count separately against CSA scoring.

How do I prevent 395.8E from getting cited again?

CSA scores rising? Get a compliance audit.

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395.8E — False record of duty status (false log)

What this violation means

Related

Frequently Asked Questions

CSA scores rising? Get a compliance audit.

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