What 390.35 means in plain language
FMCSR 390.35 prohibits making or causing fraudulent or intentionally false entries in any report or record. This is fundamentally about honesty in documentation—logbooks, inspection reports, maintenance records, hours-of-service logs, and any other document you're required to maintain or submit under federal motor carrier regulations.
The regulation doesn't require intent to defraud a specific person or entity; it targets the act of knowingly entering false information or allowing someone else to do so on your behalf. This includes backdating entries, altering times, misrepresenting vehicle condition, or falsifying inspection results. If you sign a document attesting to something you know isn't true, you've violated 390.35.
It's a general administrative violation, but it carries serious weight because accurate records are foundational to safety oversight. Inspectors encounter this code when they find discrepancies between what's recorded and physical reality—a maintenance log that doesn't match wear on a brake component, logbook hours that don't align with fuel receipts, or inspection forms signed off without actual inspection.
What our enforcement data actually shows
Across our database of 13 million+ roadside inspections, we've recorded 939 all-time citations for 390.35. Over the last 12 months, inspectors issued 640 citations, and in the last 90 days, 118 citations appeared. This makes 390.35 ranked 23rd out of 3,036 FMCSR codes by citation volume—a relatively infrequent citation, but one that gets issued steadily.
The out-of-service rate for 390.35 is 3.6% (34 OOS placements out of 939 citations). This is dramatically lower than the all-FMCSR average OOS rate of 31.4%. In practice, this means inspectors rarely yank you off the road immediately for a false-entry citation—most result in a warning or citation with the expectation you'll correct records and move on. However, a 3.6% OOS rate still means roughly 1 in 28 citations for this code does result in immediate removal from service, so it's not a trivial risk.
Monthly trends over the last 12 months show fairly consistent enforcement. June 2025 was the highest month with 74 citations, while April 2025 was the lowest with 18. Recent months (January–April 2026) have ranged from 46 to 50 citations per month, suggesting steady baseline enforcement.
Who gets cited most
Our inspection records show Pennsylvania leads in 390.35 citations over the last 180 days with 72 citations and a 0.0% OOS rate. Illinois follows with 42 citations, but importantly, Illinois has a 9.5% OOS rate—the second-highest among top enforcement states. Iowa ranks third with 39 citations and 0.0% OOS rate.
The variation in OOS rates across states is notable. Pennsylvania, Iowa, Idaho, Colorado, Kansas, Nebraska, Arizona, and Missouri all show 0.0% OOS rates, meaning inspectors in those states cited but did not immediately remove drivers. However, North Carolina, with only 4 citations in the last 180 days, had a 75.0% OOS rate—a stark difference suggesting that when enforcement occurs in North Carolina, it tends to be more severe. Illinois's 9.5% rate falls in the middle.
Our data shows fleets such as MP TEAM INC (USDOT 3314985) with 15 all-time citations for 390.35, and AUTO HAUL EXPRESS LLC (USDOT 4329325) with 14 citations. This reflects the frequency with which these carriers have encountered this violation across their operations, not necessarily a judgment on fleet safety culture—false-entry violations can stem from isolated driver behavior, miscommunication, or administrative gaps rather than systemic fraud.
How severe is this compared to similar codes
Other general/administrative codes in the same category show markedly different enforcement patterns. Code 390.21TB2-DOT has 74,663 citations (roughly 80 times more than 390.35) with a 0.0% OOS rate. Similarly, 390.21T(b) has 61,097 citations and 0.0% OOS rate, and 390.21TB1-MC has 59,189 citations with 0.0% OOS rate. These are vehicle marking and documentation requirements that generate far higher citation volume but almost never result in immediate removal.
By contrast, 390.19B2-BIENNIAL has only 16,142 citations but a 0.2% OOS rate—still negligible. The relative rarity of 390.35 citations (939 all-time) combined with its slightly elevated OOS rate (3.6% vs. near-zero for most administrative peers) suggests inspectors treat false-entry violations as more serious than routine paperwork deficiencies, though still less grave than safety-critical mechanical issues.
How to avoid it
Keep records that match reality. Our data shows the violations that most frequently co-occur with 390.35 are proof-of-periodic-inspection gaps (396.17C-PI, 27 shared inspections in the last 90 days) and false records of duty status (395.8E and 395.8E-HOSPD, 31 shared inspections combined). If you're falsifying inspection records or logbook entries, you're almost certainly about to be caught. Complete actual inspections, log accurate hours, and record real maintenance—don't backfill or alter entries after the fact.
Don't sign off on inspections you haven't performed. If your pre-trip inspection isn't done, don't mark it complete. The same applies to vehicle maintenance records. Many 390.35 citations stem from signed documents that don't match vehicle condition.
Pay attention to co-occurring fatigue and fitness violations. The data shows 392.2 (operating while ill or fatigued) codes appear in 74 shared inspections with 390.35 in the last 90 days. Drivers operating fatigued or unfit are more likely to cut corners on documentation—get rest, and complete your paperwork with a clear head.
Review your vehicle regularly. Among the top makes cited for 390.35, FORD leads with 185 citations, followed by FRHT (116) and DODGE (91). Regardless of your vehicle make, align what you record during pre-trip with what you actually observe. If a brake pad looks worn, log it. If a light doesn't work, document it. Don't assume tomorrow will fix what you see today, and don't pretend you didn't see a problem.
Maintain a paper or digital trail. If you keep photos, receipts, or sequential logbook copies, you create evidence that your records are truthful. This isn't required by regulation, but it protects you if there's ever a dispute about what you actually documented and when.