FMCSR 395.13D: Driving After HOS Out-of-Service Order

Yes—but not automatically. Across our inspection records, 395.13D results in an out-of-service placement 50.5% of the time (52 out of 103 all-time citations). That's significantly higher than the all-FMCSR average of 31.4%. Whether you get placed OOS depends on the inspection officer's judgment and the severity of the violation—whether you drove after being ordered off-duty and the distance/duration involved. Check your citation for the specific finding details.

This violation carries a CSA severity weight of 10 points. In the CSA system, your total points for this code are multiplied by the number of occurrences within a rolling 30-day period. So if you receive multiple 395.13D citations within 30 days, the impact escalates. A single citation is 10 points; two within 30 days is 20, and so on. This feeds into your company's Hours of Service BASIC score, which affects audit triggers and carrier safety ratings.

First: document your citation details and any communications with the officer. Second: review your logbook and duty status records immediately—our data shows 395.13D frequently co-occurs with missing or false records of duty status (6 shared inspections in the last 90 days) and ELD violations (6 shared inspections). Third: notify your carrier's safety team same day. Fourth: if placed out-of-service, do not operate until the order is lifted. Fifth: consider consulting your company's compliance or legal team within 24 hours if contesting.

Yes. Among peer Hours of Service codes in our database, 395.13D's 50.5% out-of-service rate is substantially higher than most. For comparison, 395.8A (Failing to keep RODS) has a 1.3% OOS rate, while 395.8A1-HOSP (property carrier HOS violations) hits 92.9% OOS—meaning 395.13D sits in the upper-middle risk tier. Driving after an explicit OOS order is treated as willful non-compliance, which is why inspectors place trucks out of service at roughly half the time.

Yes, you can file a Request for Data Review (RDR) through the CSA DataQs portal if you believe the citation was issued in error or is factually inaccurate. However, 395.13D is typically a judgment-based finding—the officer documented that you operated after being ordered out-of-service. Your best grounds for contest are: (1) the OOS order was invalid or improperly communicated, (2) you have contemporaneous evidence (logbook, timestamps, witnesses) proving you complied, or (3) clerical/data entry errors. Consult your safety team or an industry attorney before filing.

In the last 180 days, our inspection records show Texas leads enforcement with 16 citations. Iowa and North Carolina each had 3 citations, while Illinois and New Mexico each recorded 2. Texas accounts for the largest share but also shows the lowest out-of-service rate at 25%, whereas Illinois and New Mexico both hit 100% OOS placement rates. If you operate in Texas regularly, this violation type is worth specific training emphasis.

Immediate. Unlike equipment defects that can sometimes be repaired within a grace period, 395.13D is a behavior and compliance issue—there's nothing to 'fix' mechanically. The violation itself is over once cited, but its CSA impact persists for 36 months. Our 90-day trend shows between 0 and 5 out-of-service placements per month, with October 2025 and January 2026 showing the highest rates (5 each). If you're seeing this code in your operation, implement immediate driver retraining on recognizing and obeying OOS orders and reviewing logs before every shift.

Both. The violation appears on your driver record and your carrier's record. For CSA purposes, it feeds into two BASIC categories: your company's Hours of Service BASIC and Safety Management. If you have multiple violations or multiple drivers citing similar issues, your carrier's HOS BASIC score rises, triggering closer FMCSA scrutiny. This is why carriers care—and why you should report citations immediately to your fleet safety manager.