What 390.35(b) means in plain language
FMCSR 390.35(b) prohibits making or causing fraudulent or intentionally false entries in any report or record. For drivers and fleet operations, this covers logbooks, vehicle inspection reports, maintenance records, hours-of-service documentation, and any other official paperwork required under federal motor carrier regulations.
The key word is intentional. This is not about honest mistakes or clerical errors. The violation targets deliberate falsification—signing off on vehicle inspections you didn't perform, backdating logbook entries, misrepresenting driver qualification file contents, or submitting maintenance records that don't reflect actual work done. The regulation exists because accurate records are the foundation of safety enforcement and carrier accountability.
If you're cited for 390.35(b), an inspector found evidence that you (or someone under your direction) knowingly created or submitted false documentation to a federal authority or in a record required by the FMCSR.
What our enforcement data actually shows
Across 13 million inspections in our database, 390.35(b) has generated 85 all-time citations, ranking it #1472 out of 3,036 FMCSR codes by citation volume. Over the last 90 days and the last 12 months, we have recorded 0 new citations for this violation.
What makes 390.35(b) distinctive is its out-of-service rate: 97.6% of the 85 citations resulted in an out-of-service order. That rate far exceeds the all-FMCSR average of 31.4%, signaling that inspectors and enforcement officials treat false record-keeping with exceptional seriousness. When a false entry is detected, the vehicle and driver are almost always removed from service immediately.
The rarity of citations paired with the near-universal OOS outcome reflects the regulatory priority: falsification of records is treated as a fundamental breach of trust, not a routine paperwork lapse.
Who gets cited most
Our inspection records show 85 all-time citations distributed across a broad set of carriers. The carrier with the highest count is Sean Real Estate Service LLC (USDOT 2538666) with 2 citations; eight other carriers have 1 citation each, including R A Townsend Company, Columbus Roofing Inc, Steven L Shenk, M & B Sea Products, J M Pereira & Sons Inc, Roam Inc, EIS Logistics LLC, and J E Richards Inc.
The distribution across carriers reflects no concentrated pattern; this violation appears episodically across different fleet types and sizes. Vehicle make data shows that Freightliner trucks (FRHT) account for 10 of the 85 citations, followed by International (INTL) and Ford with 5 citations each, and Hino with 4. Again, the spread is wide, suggesting that false entries occur across diverse equipment types rather than being tied to a particular vehicle platform.
How severe is this compared to similar codes
In the same General/Admin category, 390.35(b) sits among codes with vastly different enforcement profiles. Compare it to three peer violations:
390.21TB2-DOT has logged 74,663 citations (878× more than 390.35(b)) with a 0.0% OOS rate. This code addresses marking defects and requires corrective action but rarely removes a vehicle from service.
390.21T(b) has 61,097 citations (719× more) and also carries a 0.0% OOS rate, reflecting a compliance pathway rather than an immediate safety shutdown.
390.21(a) — Vehicle marking requirements has 25,872 citations (305× more) with 0.0% OOS rate, similarly allowing the driver to proceed once noted.
The contrast is stark: 390.35(b) enforcement is rare, but when it happens, it triggers out-of-service action almost every time. Other admin codes in the category are cited far more frequently but almost never result in a removal from service. This underscores that false record-keeping is categorized as a critical integrity violation, not a correctable administrative oversight.
How to avoid it
Preventing a 390.35(b) citation requires rigorous honesty in every record you touch:
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Complete pre-trip and post-trip inspections yourself, then document exactly what you found. Do not sign an inspection report for work you did not perform or conditions you did not verify. If a defect exists, record it. If the vehicle is safe, document that instead. Falsifying an inspection report is falsifying a legal document.
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Log your hours accurately in real time. Do not backdate or round logbook entries to create false compliance. Use electronic logging devices (ELDs) where required and ensure they reflect your actual on-duty, off-duty, and driving time. Regulators and auditors cross-reference ELD data with inspection records, and discrepancies trigger investigation.
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Maintain truthful maintenance records. If a repair or service is performed, document what was actually done and by whom. Do not sign off on work that was not completed or claim maintenance intervals were met when they were not. These records are federal evidence.
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Never sign a driver qualification file (DQF) entry or medical certificate form unless you personally verified the information. False entries in your DQF can constitute both a driver violation and a carrier violation.
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If you are directed to falsify a record by a dispatcher, manager, or fleet owner, refuse and document your refusal in writing. You are individually accountable for what you sign. Pressure from management does not absolve you of responsibility.
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If you discover you made an honest mistake on a record, correct it immediately with a clear notation (e.g., "corrected 3/15/2026, original entry stated X, actual condition is Y, signature date"). Transparent correction is not falsification; cover-up is.
The 97.6% out-of-service rate on this code tells you that enforcement takes it seriously. Once cited, your vehicle is out of service, your record is flagged, and your carrier's safety profile is damaged. The prevention is straightforward: never knowingly create or submit false documentation.