FMCSR 395.20 Q&A: Short-Haul Timecard Violations

No. A 395.20 citation does not result in an out-of-service order. Across our inspection database, the OOS rate for this violation is 0.0%—meaning no trucks have been placed out of service for this code. However, this does not mean the violation is inconsequential; it still carries CSA severity weight and reflects a compliance gap that inspectors will document.

A 395.20 violation carries a CSA severity weight of 3. The actual points you receive depend on when the citation occurs within the 30-day CSA window. If it's your only violation in that window, you receive 3 points directly. If you accumulate multiple violations in the same 30-day period, points stack. CSA points affect your carrier's BASIC scores; both drivers and motor carriers share responsibility for hours-of-service compliance.

1. Document the citation details and date received.
2. Ensure all future short-haul trips have complete time records from the start.
3. Review your carrier's timecard procedure—395.20 specifically addresses short-haul operations, so confirm you understand the record-keeping method required for your operation.
4. Ask your carrier or safety manager whether this citation triggers a coaching or training requirement.
5. Check your CSA record in the FMCSA Safety Management System to confirm the violation was recorded correctly.

Compared to peer hours-of-service violations, 395.20 is among the least enforcement-intensive: across our 13 million records, we have recorded zero citations for this code in all time periods. In contrast, similar documentation codes like 395.24 (ELD Form and Manner) show 106,486 citations, and 395.8A1 (failing to have a record of duty status) shows 52,266 citations. The zero-citation pattern suggests either rare occurrence, strong compliance in short-haul operations, or underreporting—but it is not treated as severe in enforcement volume.

Enforcement of 395.20 is exceptionally rare. Our database shows zero citations in the last 12 months, zero in the last 90 days, and zero all-time. By contrast, the most-cited hours-of-service peer code—395.24 (ELD Form and Manner)—has 106,486 all-time citations. This near-zero enforcement pattern is unusual and suggests that either short-haul timecard compliance is very high, or inspectors rarely encounter this specific violation.

Yes, you can file a DataQs (Roadside Inspection Data Quality and Safeguards) challenge through the FMCSA portal if you believe the citation was issued in error or if the inspection record contains inaccuracies. Since 395.20 is a documentation violation (timecard not maintained), your challenge should focus on whether the inspector verified that required records were actually missing or whether there is evidence that records were in fact maintained. Gather any contemporaneous logs or communication with your carrier that support your position.

Enforcement data shows no citations in the last 90 days or last 12 months, and zero all-time citations in our records. This suggests 395.20 is not becoming more common—it remains one of the rarest enforcement issues in the hours-of-service category. Drivers and fleets focusing on hours-of-service compliance should prioritize the codes with high citation volume, like 395.24 and 395.8A, rather than treating 395.20 as a widespread risk.

Both. Hours-of-service violations like 395.20 affect both the driver's record and the carrier's record in the FMCSA Safety Management System. The citation will appear on your inspection history (which can be viewed by prospective employers) and on your carrier's BASIC scores. Carriers are responsible for maintaining required time records; drivers are responsible for accurately recording their hours. A 395.20 citation signals a carrier-level control breakdown, so it may reflect systemic rather than individual driver conduct.