FMCSR 395.22F Citations: What You Need to Know

No. Across our inspection records, only 0.8% of 395.22F citations result in an out-of-service order—just 2 out of 255 all-time citations. For context, the average FMCSR violation carries a 31.4% out-of-service rate, making 395.22F significantly less likely to sideline your vehicle. However, the citation itself still counts against your record and should be addressed to prevent repeat violations.

No—395.22F is among the least-cited hours of service violations. Our database shows 255 all-time citations, ranking it #1144 out of 3,036 FMCSR codes. Compare this to related HOS codes: 395.24 has 106,486 citations, 395.8E has 83,660, and 395.8(e)(1) has 78,276. The extremely low citation volume suggests this violation is either rare or represents a narrow compliance gap. The 0.8% OOS rate confirms it's treated as a minor infraction.

Zero citations in the last 12 months and zero in the last 90 days, according to our inspection database. This dramatic drop from 255 all-time citations indicates either improved driver compliance or evolving enforcement priorities. If you're being cited for 395.22F now, it's exceptionally rare—which may indicate an unusual or egregious circumstance that warrant immediate review of your logbook and duty status records.

1. Review your logbook immediately. Check all entries for accuracy, especially duty status transitions and break timing.
2. Document any mitigating circumstances. If the citation stems from a logbook discrepancy, gather evidence of your actual on-duty and off-duty periods.
3. Request the inspection report. Obtain the CVSA inspection report that led to the citation to understand exactly what triggered it.
4. Contact your carrier's compliance team if you're a company driver. They may have procedures for contesting or resolving HOS-related findings.
5. Consider DataQs if documentation is incomplete or inaccurate. The FMCSA allows challenges to roadside inspection records within 90 days if the finding lacks supporting evidence.

Yes, you can challenge any roadside inspection record through the FMCSA's DataQs portal within 90 days of the citation. Success depends on the type of finding: if the inspector documented an hours-of-service violation without sufficient evidence, you have grounds to contest it. Gather your logbook, electronic logs (if available), fuel receipts, and any GPS or dispatch records that show your actual duty status. Submit your evidence through DataQs explaining why the finding is inaccurate. Documentary violations are easier to challenge than physical equipment defects.

Freightliners dominate the citation data: 84 out of 255 all-time 395.22F citations involved FRHT (Freightliner) tractors. Utility vehicles (UTIL) are next with 36 citations, followed by dry-van trailers (HYTR) at 29. Interestingly, these are standard long-haul configurations, suggesting 395.22F violations occur across the full spectrum of commercial trucking rather than being isolated to specialty equipment. Vehicle type alone doesn't predict risk, but if you operate a Freightliner, be extra diligent with logbook compliance.

Seven carriers are tied with 2 citations each: Encore Textile Services, Western Express, Southern Tire Mart, CT Commercial Paper, On The Way, MT Trans, and Swift Transportation. J.B. Hunt, Marten Transport, and Truline have 1 citation each. The wide distribution—no single carrier dominates—indicates 395.22F is not a systemic compliance problem at any one organization. Even Swift and J.B. Hunt, two of the largest carriers in America, show minimal citation counts, reinforcing that this violation is statistically rare across the industry.

Moderate urgency. While the 0.8% out-of-service rate means your truck is unlikely to be pulled from service, the zero citations in the last 90 days suggests this code is being phased out or enforcement focus has shifted. Don't ignore it—correct any logbook or duty status errors immediately and ensure your record-keeping practices comply with current ELD or paper log requirements. A single violation on your record is manageable; a second one within 12 months could trigger scrutiny from auditors or law enforcement.