What 395.13D means in plain language
When a safety officer places you out of service for violating hours-of-service rules, that order is final. Operating your commercial motor vehicle after receiving that out-of-service notice is a violation of FMCSR 395.13D.
This isn't about logging errors or being a few minutes over your allowed driving time. This violation specifically means you were ordered to stop operating, and you drove anyway. The out-of-service order itself is a hard stop—it removes you from duty immediately. Continuing to drive after that point is what triggers this citation.
The severity is rooted in safety: by the time an officer places you OOS for hours-of-service violations, your fatigue level is already a documented concern. Driving past that point puts you, your cargo, and everyone on the road at risk.
What our enforcement data actually shows
Across our 13 million+ inspection records, we have documented 103 all-time citations for 395.13D. Over the last 12 months, that number was 59 citations, and in the last 90 days, we recorded 16 citations. This makes 395.13D ranked 1408th of 3,036 FMCSR codes by citation volume—not the most common violation, but still significant enough to track.
What stands out is the out-of-service rate. Our data shows that 50.5% of drivers cited for 395.13D were placed out of service as a result of the violation. That is substantially higher than the all-FMCSR average out-of-service rate of 31.4%. In other words, this violation carries a much higher likelihood of being taken off the road than most other FMCSR infractions.
Monthly trends over the past year show variability: citations ranged from 1 to 10 per month, with March 2026 recording the highest count at 10 citations. October 2025 also had 9 citations. When citations do occur, officers are increasingly likely to place drivers out of service—our recent months show OOS rates climbing in some periods to 50% or higher.
Who gets cited most
Our inspection records show that Texas leads all states in 395.13D citations over the last 180 days, with 16 citations and a 25.0% out-of-service rate. Iowa and North Carolina each had 3 citations in that same window, both with 33.3% OOS rates. Illinois and New Mexico each recorded 2 citations, and notably, both states showed a 100.0% out-of-service rate—meaning every driver cited in those states in that period was placed out of service.
The variation in OOS rates across states is material: Texas at 25.0% versus Illinois and New Mexico at 100.0% represents a significant difference in enforcement outcomes. This suggests that state-level enforcement posture and inspection practices differ meaningfully for this violation.
Our data shows fleets such as Marcel A Busto Concepcion (USDOT 3534743), G & A Pallet LLC (USDOT 2834825), Gulf Atlantic Logistic LLC (USDOT 3933803), and A&D Trucking LLC (USDOT 4149363) each with 2 citations in our all-time records. Smaller carriers and owner-operators appear across the citation history as well, indicating that this violation is not confined to large fleet operations.
How severe is this compared to similar codes
Within the Hours of Service category, 395.13D sits among other serious violations. By comparison:
395.24 (HOS ELD Form and Manner) shows 106,486 citations but a 0.0% out-of-service rate. This violation is far more common but rarely results in being placed out of service—it is a documentation issue rather than an operational safety order.
395.8(a)(1) (Not using the appropriate method to record hours of service) has 39,561 citations with a 93.2% out-of-service rate. This code is administratively more common but targets record-keeping failures; 395.13D is rarer but reflects actual continued operation under an order.
395.8A1-HOSP (Failing to have a record of duty status using the method prescribed) shows 52,266 citations with a 92.9% out-of-service rate. This code is also documentary in nature and carries a similarly high OOS likelihood.
The data tells us that 395.13D, while less frequently cited than peer codes (103 all-time vs. tens of thousands for similar violations), carries a uniquely grave enforcement consequence: a 50.5% OOS rate that reflects the seriousness of continuing to drive after a direct safety order.
How to avoid it
The foundation is straightforward: respect out-of-service orders immediately. But our co-occurring violation data reveals patterns that help prevent reaching that point in the first place.
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Maintain your record of duty status religiously. The data shows 6 of the last 90 days' citations for 395.13D co-occurred with 395.8A-ELD (Failing to keep RODS). Accurate logs mean inspectors can verify your compliance before issuing an out-of-service order. Set reminders on your phone to log every duty state change.
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Complete your pre-trip and annual vehicle inspections. Seven co-occurring inspections involved 396.17C (No proof of periodic inspection). A vehicle missing inspection documentation can trigger deeper scrutiny of your record-keeping, including hours-of-service violations. Keep your inspection records organized and accessible.
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Get your medical certificate current and carry proof. Three co-occurring citations involved 391.41APC (Operating without a valid medical certificate). An expired medical card often leads to an inspection deep-dive, which in turn flags HOS issues. Renew your medical certificate before it expires and keep a copy in your vehicle.
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Monitor your physical and mental state. Six co-occurring citations involved 392.2RG (Operating while ill or fatigued). If you are too tired, do not drive. Take your required breaks before fatigue becomes a factor that forces an officer to place you out of service. Your logbook should reflect real breaks and real rest, not just compliant entries.
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Ensure your vehicle is roadworthy. The top vehicle makes in our citation data include Freightliners (22 citations), Internationals (10), and Volvos (9). Regardless of make, inoperative lamps (393.9, 6 co-occurrences) and turn signals (393.9TS, 4 co-occurrences) invite inspection. Walk around your truck every morning and test all lights, brakes, and critical systems.
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If placed out of service, comply immediately. This is not negotiable. Find safe parking, contact your dispatcher, and wait for guidance. Continuing to drive even a short distance after receiving an OOS order is what transforms a serious violation into a citation with a 50% chance of further enforcement action.
The path to avoiding 395.13D is not a single step—it is consistent compliance with hours-of-service rules, complete record-keeping, vehicle maintenance, and honest self-assessment of your fitness to drive. Our enforcement data makes clear that once an officer issues an out-of-service order, the only safe and legal choice is to stop.