FMCSR 390.35: False Entries — Driver Q&A

Unlikely, but it can happen. Across our inspection records, 390.35 citations result in an out-of-service placement only 3.6% of the time—far below the 31.4% average across all FMCSR codes. Of 939 all-time citations, only 34 led to an OOS order. However, context matters: in North Carolina, the OOS rate climbs to 75.0% (3 out of 4 citations), while Pennsylvania, Iowa, and Colorado have placed zero trucks OOS for this violation. Check your state's enforcement pattern and the specific facts of your inspection.

This violation carries a CSA severity weight of 10 points. Your total CSA impact depends on how FMCSA applies multipliers in your 30-day window and which of the five BASICs the citation affects (likely the Safety Management BASIC and/or the Driver Fitness BASIC, depending on context). One citation alone is unlikely to trigger intervention levels, but stacking violations—especially if paired with fatigue or inspection documentation issues—compounds your score fast. Request your SAFER profile to see your current standing.

Immediate steps:

1. Document the inspection details. Photograph the inspection report, note the inspector's agency, and record timestamps.
2. Review what entry was flagged. False entries typically appear in logbooks, vehicle inspection reports, or maintenance records. Identify exactly which record and which field the inspector cited.
3. Check for co-occurring violations. Our data shows 390.35 often appears alongside duty-status violations (395.8E—false record of duty status) and fatigue codes (392.2). If cited together, address all of them.
4. Preserve all records. Do not alter or discard logs, reports, or maintenance files.
5. Consult your carrier's safety manager and legal team within 48 hours if considering a DataQs challenge.

Yes, 390.35 is notably more serious than most admin violations. While peer codes like 390.21TB2-DOT (74,663 citations) and 390.21T(b) (61,097 citations) have 0.0% OOS rates, 390.35's 3.6% OOS rate reflects the gravity of falsifying records. False entries strike at the enforcement system itself, and regulators treat them more harshly than missing or incorrect labels. Among 3,036 FMCSR codes, 390.35 ranks #735 by citation volume, but its OOS rate—though still below average—shows inspectors will remove trucks for egregious cases.

Yes, if the violation was recorded incorrectly. The DataQs (Roadside Data Quality) process allows drivers and carriers to challenge inaccurate or unjust inspection findings within 90 days. However, contestability depends on whether the inspector's observations are factual or discretionary. If your logbook entry is legible, timestamps are correct, and no deliberate falsification occurred, you have grounds to dispute. If the entry itself is genuinely false or missing, a DataQs challenge is unlikely to succeed. File through your carrier's safety office or directly via the FMCSA DataQs portal with supporting documentation (original records, photos, GPS/ELD data).

Over the last 180 days, Pennsylvania leads with 72 citations, followed by Illinois (42) and Iowa (39). These three states account for a large share of enforcement. Pennsylvania has issued zero OOS orders (0.0% rate), while Illinois imposed OOS on 4 citations (9.5% rate). If you operate in these corridors, audit your record-keeping practices closely. Regional enforcement focus shifts over time, but these high-citation states deserve extra attention to avoid a citation that could escalate to an OOS.

Very urgent. Over the last 90 days, we recorded 118 citations for 390.35, and the monthly trend shows sustained enforcement: June had 74 citations, October 68, and September 59. Inspectors are actively monitoring record accuracy. If your citation involved a logbook or inspection report, correct the process immediately—false entries typically stem from sloppy documentation, rushed pre-trips, or confusion about ELD rules. A single citation may not trigger an OOS, but a pattern will. Implement a daily checklist, verify all entries before signing off, and if you use an ELD, ensure it's synced and understood. Second or third citations on this code will draw heightened scrutiny.

Both. The citation appears in your driver CSA profile and your carrier's Safety Management and Driver Fitness BASICs. Carriers with repeated 390.35 citations (auto-haul and freight companies see clusters) face elevated scrutiny during audits and inspections. Your individual history affects your employability and insurance prospects. If you move between carriers, the violation travels with you in SAFER. The best strategy: own the mistake, demonstrate corrective training (especially on logbook accuracy or ELD procedures), and show a clean record going forward. One citation is recoverable; a pattern is a career problem.