Direct answers about FMCSR 395.26B ELD violations: OOS risk, enforcement trends, and next steps based on 13M+ inspection records.
Ranks #679 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.1% is below the FMCSR-wide average of 33.3%.
Motor carrier failed to ensure that the ELD automatically recorded the required data elements.
Direct answers grounded in TruckCodex inspection data
No. Across our inspection records, 395.26B resulted in an out-of-service order in only 1 case out of 1,182 all-time citations—a 0.1% OOS rate. This is dramatically below the all-FMCSR average of 31.4%, meaning inspectors almost never remove trucks from service for this violation. You'll face a citation and follow-up compliance requirements, but immediate roadside removal is extremely unlikely.
First, photograph the violation notice and get the inspector's badge number. Second, contact your carrier's compliance team immediately—this violation is a carrier responsibility, not just yours. Third, verify your ELD is recording all required data elements correctly. Our data shows 395.26B frequently co-occurs with false record of duty status citations (34 shared inspections in the last 90 days), so audit your last 7 days of duty records. Fourth, do not dispute the roadside finding on-scene; request a copy of the inspection report and consult your carrier's safety director about formal contestation options.
No—it's one of the least serious HOS violations. While 395.26B has a 0.1% OOS rate, peer violations in the same category range widely: false record of duty status sits at 9.6%, and some HOS violations exceed 90% OOS rates. Our database ranks 395.26B at #673 out of 3,036 FMCSR codes by citation frequency. It's still a compliance issue requiring correction, but it does not carry the enforcement weight of violations like improper duty status recording or equipment failures.
Our inspection records show 512 citations in the last 12 months and 90 in the last 90 days. Monthly volume has remained fairly stable—ranging from 28 to 62 citations per month over the past year. This suggests enforcement is steady but not escalating. The slight uptick in May 2025 (62 citations) and March 2026 (51 citations) may reflect seasonal roadside inspection intensity, but overall the violation rate has not surged.
Iowa leads significantly: 120 citations in the last 180 days, with zero out-of-service orders. North Carolina and New Mexico follow with 34 citations each (also 0% OOS rates). Illinois comes next with 19 citations. Kentucky has cited it only once but resulted in an out-of-service order in that case. If you operate in Iowa, expect higher inspection scrutiny on ELD data recording.
Yes, you can submit a DataQs request to challenge the citation. However, 395.26B is a carrier-level compliance violation—it depends on your ELD's automatic recording capabilities and the carrier's configuration of the device. Contestation works best if: (1) the ELD vendor confirms the data element was being recorded automatically but the inspector misread the device, or (2) the violation was documented during a period when the ELD was malfunctioning and the carrier reported it to FMCSA. Work with your carrier's compliance or safety department; they hold the technical records needed to support a DataQs appeal.
Evans Delivery Company (USDOT 38111) has the highest count at 10 all-time citations. Carmelon LLC follows with 9, and seven carriers tie at 8 citations each: Perdigon Transport, American Best Trucking, Western Provisions, ELT Freight, ONN Express, Porras Transport, and others. If you work for one of these carriers, ELD compliance is clearly a known issue—prioritize training and device audits to avoid accumulating citations.
Freightliners dominate, with 405 all-time citations. Utilities follow at 188, Volvo at 150, Great Dane trailers at 120, and Wabash at 114. These numbers reflect the prevalence of these makes in the commercial fleet overall, but they confirm 395.26B violations span all major truck and trailer types. It is not a defect unique to any single manufacturer—the issue is ELD configuration and carrier compliance, not vehicle make.
Where 395.26B is most commonly cited (last 180 days)
Other violations commonly found on the same inspection (last 90 days)
TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.
Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.
Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).
Cross-border carrier registry and Canadian recall campaigns where applicable.
TruckCodex is an independent aggregator; it is not affiliated with FMCSA, NHTSA, EIA, or Transport Canada. Always verify compliance-critical information directly with the originating agency.