What 395.15A2 means in plain language
This citation flags a situation where your motor carrier required you to use an automatic on-board recording device (AOBRD) or electronic logging device (ELD) to track your hours of service, but you failed to use it during your shift. The device is your fleet's official method of documenting when you're driving, on-duty, off-duty, or in sleeper berth status.
In practical terms: if your company issued you an AOBRD or ELD and told you to use it, you must use it every time you operate the vehicle. Not using it—whether you forgot to activate it, disabled it, or relied on paper logs instead—triggers this violation. It's different from falsifying what the device records; this is about not using the device itself when your carrier mandates it.
What our enforcement data actually shows
Across our 13 million+ inspection records, 395.15A2 is a very low-volume citation. All-time, we have recorded 19 citations for this code. In the last 12 months, enforcement has been sparse at 11 citations, with only 2 citations in the last 90 days.
When it comes to out-of-service consequences, the picture is notably lenient compared to the broader hours-of-service enforcement landscape. Of the 19 citations in our database, only 3 resulted in a driver being placed out of service—an OOS rate of 15.8%. That's substantially below the all-FMCSR average of 31.4%, meaning inspectors cite 395.15A2 as a non-critical violation in the vast majority of cases.
Ranked nationally, 395.15A2 sits at #1962 out of 3,036 FMCSR codes by citation volume, reflecting how uncommon it is relative to other hours-of-service violations.
Who gets cited most
Geographically, our data from the last 180 days shows citations are highly concentrated. New Mexico leads with 2 citations (0 OOS rate), followed by North Carolina with 1 citation (0 OOS rate). The limited geographic footprint reflects the rarity of this violation overall.
On the carrier side, our all-time records show J R HUDSON HORSE TRANSPORTATION INC (USDOT 346371) with 2 citations, and nine other carriers with 1 citation each, including GRAZIA TRUCKING LLC, BLUE TRUCKING LLC, BID INC, D MERCI LLC, ESOBELICIOUS LLC, KTD TRANSPORT LLC, TRANSPORT INDIANA LLC, BELTAR INC, and ATTA EXPRESS LLC. The spread across so many different fleets suggests this is an isolated compliance issue rather than a systemic problem within any particular carrier network.
How severe is this compared to similar codes
The hours-of-service category contains several related violations. FMCSR 395.24 (HOS ELD Form and Manner) has recorded 106,486 citations with a 0.0% OOS rate—far higher volume but equally lenient on OOS enforcement. By contrast, 395.8A1 (Failing to have a record of duty status using the prescribed method) has generated 52,266 citations and carries a 92.9% OOS rate, meaning it's enforced as a critical safety violation.
395.15A2 falls between these extremes but closer to the lenient end. Another relevant comparison is 395.30B1 (Driver failing to certify accuracy of ELD information), which has 70,864 all-time citations but only a 0.1% OOS rate. Like that code, 395.15A2 appears to be treated as a paperwork or procedural matter rather than an immediate safety hazard.
How to avoid it
The simplest way to avoid a 395.15A2 citation is to ensure you understand your fleet's device mandate and follow it every single time you clock in:
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Confirm your carrier's AOBRD/ELD requirement at the start of each shift. Ask your dispatcher or review your onboarding materials to know whether your company mandates electronic logging. If it does, treat it as non-negotiable.
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Power on and activate your device before any driving begins. Make it a habit as automatic as checking mirrors or adjusting your seat during pre-trip. Do not rely on anyone else to activate it for you.
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Keep your device in working order and with you at all times. Our data shows citations across various vehicle makes (FRHT, DODG, GDAN, INTL, CHEV, and others), indicating this occurs across different fleet types. Regular device checks as part of your vehicle inspection help catch battery, connectivity, or hardware issues before they cause compliance failures.
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If you notice the device isn't recording, report it immediately. Co-occurring violations in our data show instances where 395.15A2 appeared alongside 395.30B1 (driver failing to certify ELD accuracy) and 395.8A-ELD (failing to keep records of duty status). These patterns suggest that when drivers aren't using devices or using them improperly, downstream certification problems follow. Don't compound the issue.
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Never disable or bypass your device without explicit written authorization from your carrier. If your company changes its ELD policy or exempts you temporarily, get it in writing so you have a defense if you're inspected.
Because our inspection data shows only 2 citations in the last 90 days, this remains a low-frequency violation. However, when fleets do mandate electronic logging, enforcement is straightforward: use the device your carrier requires, every trip, no exceptions.