395.24(a) Citation: Non-Compliant AOBRD — Driver Q&A

No. Across 13 million roadside inspections in our database, we have recorded zero out-of-service placements for 395.24(a) citations, giving this violation a 0.0% OOS rate. This code is not OOS-eligible, meaning even if cited, an officer cannot immediately ground your truck. However, the underlying hours-of-service compliance issue still needs correction—repair or replace your non-compliant device to avoid additional enforcement.

A single 395.24(a) citation carries a CSA severity weight of 4 points. That's the base value. CSA points then multiply based on when they're recorded in your 12-month window: citations in the most recent 30 days count as 4× the weight, meaning this one citation could add up to 16 points if it's fresh. Track your violation date closely and monitor your CSA record through your carrier's safety dashboard.

Immediate steps:

1. Document the device model, serial number, and when it was installed on your citation.
2. Notify your fleet safety manager or dispatcher immediately—do not continue using the non-compliant unit.
3. Request a replacement AOBRD or ELD that meets FMCSA standards within 24 hours if possible.
4. Keep the citation and all communications about the replacement in your file.
5. Review your hours-of-service logs with your carrier to ensure they were recorded correctly.

Non-compliance with recording devices is a documentation issue, not a safety failure—swift action prevents escalation.

395.24(a) is significantly less severe than many peer violations. Our records show that similar HOS codes have much higher OOS rates: 395.8(a)(1) (wrong recording method) has a 93.2% OOS rate, and 395.8A1 (no RODS record) sits at 92.9% OOS. By contrast, 395.24(a) carries a 0.0% OOS rate. However, it still weighs 4 CSA points, so treating device compliance seriously now prevents the harder citations down the road.

Yes, you can challenge the citation through FMCSA's DataQs (Crash and Roadside Inspection Data Submission System) if you believe it was recorded in error or if documentation was incorrect. Since 395.24(a) is a device-compliance issue, your strongest contest argument is proof that the device actually met requirements at the time of the inspection, or that it was being replaced. Submit your challenge with maintenance records, device documentation, or photos showing compliance. Your carrier's safety team can help file the RDR (Research and Development Record) dispute.

An AOBRD (automatic on-board recording device) is a predecessor to modern ELDs. Non-compliant means your unit does not meet FMCSA technical or functional standards—it may not be automatically recording drive time, may have gaps in data, or may not sync properly with carrier systems. As of December 2019, all drivers must use ELDs, not older AOBRDs, unless grandfathered. If you're still using an old AOBRD, upgrade to a certified ELD immediately to stay compliant.

Very urgent. While our inspection records show zero citations for 395.24(a) in the last 90 days and zero all-time citations in our database, this suggests the violation is rare but serious when detected—inspectors flag it only when device failure is clear. A non-compliant recording device exposes you to additional violations (false RODS, missing records) that do result in OOS placements and much higher penalties. Replace your device immediately, within 24–48 hours if possible.

Both. In FMCSA's CSA system, hours-of-service violations (BASIC 2 category) are recorded against both the individual driver and the carrier. Your violation appears on your personal BASIC 2 score, affecting your insurability and job prospects. The same citation also counts against your carrier's HOS profile in CSA, which can influence their compliance rating and insurance premiums. Work with your carrier's safety team to ensure the citation is logged correctly and contested if warranted.