Direct answers on 395.13(d) citations: OOS rates, CSA points, what to do next, and how it compares to other HOS violations.
Ranks #3,037 of 3,146 FMCSR codes by citation frequency.
Driving after being declared out-of-service for HOS violation(s)
Direct answers grounded in TruckCodex inspection data
No. Across our 13 million inspection records, 395.13(d) has never resulted in an out-of-service order. The OOS rate for this violation is 0.0%—meaning enforcement officers have not placed vehicles out of service for this code in our entire database.
This contrasts sharply with related HOS violations. For comparison, 395.8A1 (failing to have a record of duty status) carries a 92.9% OOS rate, and 395.8(e)(1) sits at 26.0%.
A single 395.13(d) citation carries a CSA severity weight of 10 points. CSA points are accumulated over a rolling 30-month period and are multiplied based on the 30-day count—the more violations you receive in 30 days, the higher the multiplier applied to each citation in that window.
The severity weight of 10 reflects that this is a serious HOS violation. Your exact point total will depend on frequency within any 30-day window and your carrier's overall safety profile.
First steps:
Do not delay—CSA points apply immediately upon citation issuance.
Yes. While 395.13(d) has never triggered an out-of-service order in our database (0.0% OOS rate), the intent of the violation—operating after an HOS order is in place—is enforcement-critical. Our data shows 0 citations all-time for this code, which may reflect either strict compliance or very rare enforcement circumstances.
By contrast, 395.24 (ELD form and manner) has 106,486 citations with 0.0% OOS, and 395.8A1 has 52,266 citations with 92.9% OOS. The severity weight of 10 places 395.13(d) firmly in the serious range for CSA impact.
Possibly. The DataQs (DataQ Request) process allows drivers and carriers to challenge roadside inspection records if there is a factual or administrative error—for example, if the citation was written in error, if the date or time is wrong, or if documentation was misread.
DataQs challenges are most effective for documentation and data-entry errors. If the violation is based on the facts of your operation—that you were indeed driving after an HOS out-of-service order—a DataQs challenge is unlikely to succeed. Submit any challenge within 90 days of the inspection date through FMCSA's SafetyData portal.
Our inspection records show 0 citations for 395.13(d) across all states in our all-time database, including the last 12 months and last 90 days. This code is extraordinarily rare in roadside enforcement.
For context, related HOS violations like 395.8A1 (record of duty status) rack up tens of thousands of citations annually. The absence of 395.13(d) citations in our data may indicate either extremely high compliance or that this particular violation is prosecuted through different channels or citation codes.
Very urgent. The underlying violation—operating a vehicle after an HOS out-of-service order—is a direct safety violation tied to fatigue management. Even though our data shows 0 citations and 0 out-of-service placements for this code, the fact that you were cited means FMCSA has identified a specific breach of an HOS order.
Your carrier should immediately audit your recent logs, verify any HOS restrictions are cleared, and implement controls to prevent future violations. CSA points begin accruing immediately, so address this with your fleet manager without delay.
Both. HOS violations fall into BASIC 2 in FMCSA's CSA scoring model, which captures data from both the driver record and the carrier record. The citation will appear on your driver profile (Unsafe Driving BASIC) and contribute to your carrier's HOS Compliance BASIC score.
Because this is categorized as an HOS violation, both you and your carrier's safety ratings are affected. Fleet managers track this closely because multiple HOS violations across their drivers trigger increased monitoring and potential compliance interventions.
TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.
Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.
Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).
Cross-border carrier registry and Canadian recall campaigns where applicable.
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