What 395.13(d) means in plain language
If a roadside inspector places your truck out of service because of hours-of-service violations, you cannot legally operate that vehicle until the out-of-service order is lifted. Code 395.13(d) covers the violation that occurs when a driver ignores that order and operates the commercial motor vehicle anyway.
This is distinct from simply breaking HOS rules during normal operation. An out-of-service order is an enforcement action—an official directive that stops you from driving. Violating it is a separate, more serious breach because you're operating after being told explicitly to stop.
What our enforcement data actually shows
Our inspection records show that 395.13(d) citations are exceptionally rare in the field. Across our database of 13 million+ roadside inspections, we have recorded zero citations for this code in the last 90 days, zero in the last 12 months, and zero across our entire dataset. The out-of-service rate is correspondingly zero.
This near-zero citation volume does not mean the code is unimportant or that compliance officers never encounter post-OOS-order driving. It likely reflects either genuine rarity of the violation in practice, or that enforcement is handled through different mechanisms (such as citation consolidation or administrative closure) that do not appear as discrete 395.13(d) records in roadside inspection databases. Nonetheless, the absence of citations in our data means we cannot compare this code's enforcement intensity to national FMCSR averages.
Who gets cited most
Because our database shows zero citations for 395.13(d) across all jurisdictions and carriers, we cannot identify a state or carrier distribution. No state or fleet in our records has been issued this citation in any measurable quantity.
How severe is this compared to similar codes
Within the same hours-of-service category, peer violations show vastly different citation frequencies and out-of-service outcomes:
- 395.24 (HOS ELD - Form and Manner) has accumulated 106,486 citations with a 0.0% out-of-service rate—the most frequently cited HOS code in our data.
- 395.8(a)(1) (Not using the appropriate method to record hours of service) shows 39,561 citations and a 93.2% out-of-service rate, meaning inspectors almost always remove the vehicle from service when this violation is found.
- 395.8A1-HOSP (Failing to have a record of duty status using the method prescribed) has 52,266 citations with a 92.9% out-of-service rate.
The zero citation count for 395.13(d) stands in sharp contrast to these common HOS violations. This suggests that drivers and fleets are either complying reliably with out-of-service orders, or that the violation is enforced through channels outside the roadside inspection system we monitor.
How to avoid it
Avoid 395.13(d) by treating any out-of-service order as final and binding until explicitly released:
- Stop driving immediately when an inspector places your truck out of service for HOS violations. Do not attempt to complete your trip, reach a shipper, or move to a safer location.
- Document the order in writing. Confirm the reason for the out-of-service status and any conditions for reinstatement (such as inspection, repair, logbook correction, or waiting period).
- Do not operate the vehicle until you have clear written confirmation—from the issuing jurisdiction or your company—that the order is lifted. Verbal assurance from a dispatcher or broker is not sufficient.
- Log the event in your company records. Notify your fleet manager immediately so compliance staff can track the OOS order and ensure proper reinstatement procedures are followed.
- Understand your HOS limits before you're at risk. The most common path to an OOS order is repeated or severe HOS violations during normal operation. Review your logbook daily, know your remaining hours, and plan rest periods in advance rather than racing the clock.
- Request clarification if the order is unclear. If you don't understand why you've been placed out of service or what must be corrected, ask the inspector or call your company's safety or compliance department. Ambiguity is no defense.
Operating after an out-of-service order is treated as a deliberate act of non-compliance, not a mistake. The consequences include fines, possible criminal charges depending on jurisdiction, carrier penalties, and CSA score impact. The simplest path to safety is to accept the order and follow the reinstatement process completely.