FMCSR 395.22(f) Q&A: Citations, OOS Risk & What to Do

No. Across our 13 million inspection records, 395.22(f) has never resulted in an out-of-service order—our data shows a 0.0% OOS rate across all 150 all-time citations. This code is not OOS-eligible, meaning inspectors cannot immediately remove your truck from service for this violation. That said, the national average OOS rate across all FMCSR codes is 31.4%, so you're well below the typical enforcement severity for hours-of-service violations.

It's among the least severe in its category. Our inspection records show 395.22(f) ranks #1300 out of 3,036 FMCSR codes by citation volume—with only 150 all-time citations. Compare that to related hours-of-service codes: 395.24 has 106,486 citations, and 395.8A has 41,341. Additionally, while some peer codes like 395.8(a)(1) have a 93.2% OOS rate, 395.22(f) has never been cited with an out-of-service placement, indicating inspectors view it as lower-risk.

Enforcement of this code has essentially stopped. Our database shows zero citations for 395.22(f) in the last 12 months and zero in the last 90 days, despite 150 all-time citations on record. This dramatic drop suggests either the underlying requirement has changed, been consolidated into another code, or enforcement priorities have shifted elsewhere. If you're researching this code due to an older citation, contact your carrier or a compliance specialist for current guidance.

1. Get the citation in writing — request a copy of the inspection report on the spot.
2. Document the circumstances — note time, location, weather, traffic, and the inspector's reasoning.
3. Notify your carrier — send the citation to your safety and compliance team within 24 hours.
4. Do not ignore it — even though OOS rate is 0%, it still goes on your CSA record and affects carrier safety metrics.
5. Review your logbook practices — use this as a learning opportunity to align your duty-status recording with current ELDs or paper methods.
6. Ask your carrier about DataQs — if you believe the citation was issued in error, your carrier may contest it through FMCSA's DataQs system.

Yes, you can contest it, but contestability depends on the type of finding. If the citation is based on a documentation error (missing logbook entry, incorrect duty status recorded), you have stronger grounds for a DataQs challenge by submitting supporting records. If it's based on an inspector's observation of your driving behavior or record-keeping practice, the challenge process takes longer and requires clear evidence of inspector error. Work with your carrier's compliance team to gather documentation and decide whether contesting is worth the effort—given the low enforcement volume, a single citation may have minimal long-term impact.

According to our inspection records, Swift Transportation Co of Arizona (USDOT 54283) and DRB Auto Transport Inc (USDOT 2568081) each have 2 citations for 395.22(f)—the highest count. Seven other carriers have 1 citation each. With only 150 total citations across the entire trucking industry, no single carrier dominates enforcement for this code, suggesting it's not a systemic compliance problem for any one operation. If you work for one of these carriers, ask your safety manager for guidance on their 395.22(f) prevention strategy.

Freightliner trucks account for 53 of the 150 citations (35% of all 395.22(f) violations) in our database. Volvo and Kenworth follow with 25 and 23 citations respectively. Wabash National trailers and various Utility trailers also appear frequently. This distribution likely reflects market share of these manufacturers rather than a reliability or design issue—Freightliner is the most common tractor on U.S. roads. The brand of your truck does not predict 395.22(f) citation risk; driver and carrier behavior does.

Our data shows zero citations for 395.22(f) in the last 12 months and last 90 days, down from 150 all-time citations. This sharp cliff suggests FMCSA may have consolidated this requirement into other hours-of-service codes, deprioritized it in roadside inspection protocols, or clarified the rule in a way that reduced ambiguity around enforcement. Hours-of-service violations broadly remain heavily enforced—peer codes like 395.24 have 106,486 citations—so the issue is specific to 395.22(f). If you're subject to this rule, confirm the current interpretation with your compliance team or a DOT attorney, as the enforcement landscape may have shifted.