What 395.22(f) means in plain language
395.22(f) addresses a specific requirement within the hours-of-service regulations that govern when and how you must record your duty status. The regulation requires drivers to comply with record-keeping or reporting standards at particular points in their shift cycle.
While the exact application varies by operating context, violations of this section typically involve a failure to properly document or report your status during a work period when the regulations expect it. This is distinct from broader record-of-duty-status violations—it's narrower and applies to a particular circumstance or timing requirement.
What our enforcement data actually shows
Across our 13 million+ inspection records, 395.22(f) citations are extremely uncommon. We've recorded only 150 all-time citations for this code, making it ranked #1300 out of 3,036 FMCSR codes by enforcement volume. In the last 12 months, we've seen zero citations. In the last 90 days, zero citations.
None of the 150 citations in our database resulted in an out-of-service placement. The OOS rate for this code is 0.0%—significantly lower than the all-FMCSR average OOS rate of 31.4%. This means that when officers cite 395.22(f), they almost never remove the vehicle from service on the spot. The violation is typically treated as a recordable infraction without immediate operational consequence at roadside.
Who gets cited most
Our inspection records show that 395.22(f) citations are so infrequent that no single state dominates the data. The distribution is sparse across multiple jurisdictions. Among carriers cited for this code, our data shows fleets such as Swift Transportation Co of Arizona LLC and DRB Auto Transport Inc, each with 2 citations in our all-time database. Most other carriers appear once or twice.
By vehicle type, Freightliner units accounted for 53 of the 150 citations, followed by Volvo (25 citations) and Kenworth (23 citations). This distribution likely reflects the prevalence of these makes in the trucking fleet generally, rather than a disproportionate violation pattern.
How severe is this compared to similar codes
Within the hours-of-service category, 395.22(f) sits at the far low end of enforcement frequency and severity. For comparison:
- 395.24 (ELD Form and Manner) has been cited 106,486 times with a 0.0% OOS rate—much higher citation volume but identical OOS severity.
- 395.8E-HOSPD (False record of duty status) has 83,660 citations with a 9.6% OOS rate—far more frequent and somewhat more likely to result in out-of-service placement.
- 395.8A1-HOSP (Failing to have a record of duty status using prescribed method) has 52,266 citations with a 92.9% OOS rate—vastly more serious, often leading to immediate removal from service.
Your citation is for one of the rarest violations in the hours-of-service category, and it carries the lowest OOS probability.
How to avoid it
Because 395.22(f) violations are so infrequent in our data, the specific triggering circumstances are not clearly patterned. However, you can reduce risk across the broader hours-of-service domain by adopting these practices:
- Review your ELD or paper log at transition points. Before you change duty status (from off-duty to on-duty, on-duty to driving, etc.), verify that the system has recorded your previous status correctly and that the time stamp is accurate.
- Understand your carrier's interpretation. Some carriers operate under different regulatory frameworks (property vs. passenger, short-haul vs. long-haul). Confirm with your dispatcher or safety manager exactly how your company handles the specific timing and reporting requirement that led to this citation.
- Conduct a pre-trip records check. If your vehicle is a Freightliner, Volvo, or Kenworth—the most commonly cited makes in our database—ensure your onboard recording system (ELD or other) is powered on and functioning before you log in.
- Document duty-status changes in real time. Do not backfill or retroactively adjust your logs. Record each change as it happens. Delays or corrections can create audit trails that attract inspector scrutiny.
- Ask at the roadside. If an officer points out a 395.22(f) issue during inspection, ask for clarification on exactly which event or time window the citation addresses. The rarity of this code means inspectors cite it infrequently, and understanding the specific failure will help you correct it.
The low citation count and zero OOS rate suggest this is an edge-case violation—often the result of a narrow interpretation or a specific operating scenario. Your best defense is clear, contemporaneous record-keeping and communication with your carrier about any non-standard duty cycles you operate.