What 395.28(a) means in plain language
FMCSR 395.28(a) addresses a specific requirement within the hours-of-service rules that govern how long you can drive and when you must rest. The regulation focuses on when and how you must record your duty status and comply with the timing rules that apply to your work cycle.
If you've been cited for this violation, an inspector found that you did not comply with the duty-status timing or recording requirements as written in the rule. This could involve when you marked a duty status change, how you documented a break, or whether your recorded hours aligned with the prescribed limits for that period.
Unlike some hours-of-service violations, this code does not automatically result in removal from service. That distinction matters for your next steps and the overall severity of the citation.
What our enforcement data actually shows
Our inspection records show that 395.28(a) is exceptionally uncommon. Across 13 million inspections in our database, we have recorded only 130 all-time citations for this code—ranking it #1350 out of 3,036 FMCSR codes by citation volume.
More importantly, the out-of-service rate for 395.28(a) is 8.5%, meaning 11 of those 130 citations resulted in the vehicle or driver being placed out of service. This is significantly lower than the all-FMCSR average out-of-service rate of 31.4%, indicating that inspectors rarely view this violation as severe enough to warrant immediate removal from operation.
In the last 12 months, we have recorded zero citations for 395.28(a) in our database, and zero in the last 90 days. This suggests the violation is not a priority enforcement target at this moment.
Who gets cited most
Without geographic data by state in our current sample, we cannot identify which states produce the most citations for this code. However, our records do show carrier patterns. The data in our database indicates that fleets such as SLABHOG LLC have received 6 citations for this code, followed by CASTLE TRUCKING LLC and FLEET21 LLC, each with 3 citations.
The rarity of this citation across the carrier universe—even the most-cited carrier has only 6—suggests that 395.28(a) enforcement is episodic rather than systematic.
How severe is this compared to similar codes
When you place 395.28(a) alongside other hours-of-service violations, the contrast becomes clear. The peer code 395.24 (HOS [ELD] - ELD Form and Manner) has generated 106,486 citations with a 0.0% out-of-service rate, making it far more frequently cited but rarely resulting in removal. By contrast, 395.8A1-HOSP (Failing to have a record of duty status using the method prescribed) shows 52,266 citations with a 92.9% out-of-service rate—meaning citation almost always triggers out-of-service placement.
Your 395.28(a) citation lands between these extremes: infrequent enforcement, low out-of-service probability. The code 395.8E-HOSPD (False record of duty status) is closer in severity profile, with 83,660 citations and a 9.6% out-of-service rate.
How to avoid it
Because 395.28(a) citations are so rare in our data, we have limited co-occurring violation patterns to guide prevention. However, the rarity itself suggests that most drivers comply naturally once they understand the rule:
-
Review your hours-of-service logbook or ELD before every shift. Confirm that duty-status changes are recorded at the moment they occur, not retroactively. If you use an ELD, verify that the device has registered your status change before you begin driving.
-
Know your current 70-hour window or cycle rules. Many 395.28(a) violations arise from confusion about when the 70-hour reset occurs or what duties count toward the limit. Spend 5 minutes before your shift reviewing your remaining available hours.
-
Document breaks and off-duty time precisely. If you step out of the cab for a meal, fuel stop, or personal time, mark yourself off-duty immediately. Conversely, do not remain marked on-duty if you are not driving or performing work.
-
If you drive a Kenworth (KW) or Freightliner (FRHT), which are the most common vehicle makes in our 395.28(a) citation sample, ensure you understand how your truck's onboard logging system (if equipped) syncs with your ELD or logbook. Discrepancies between vehicle telemetry and recorded duty status are a common audit flag.
-
Stay alert during roadside inspection. Inspectors who cite 395.28(a) are typically cross-checking your logbook against the hours shown in your ELD or vehicle records. Answer questions about your last break and current duty status honestly and clearly.
Given the low frequency and low out-of-service rate of this code, your citation is likely a minor violation. Use it as a prompt to audit your own record-keeping practice, then move forward.