FMCSR 395.28(a) Citation: What It Means for Your License

No. Across our inspection records, only 11 out of 130 all-time citations for 395.28(a) resulted in an out-of-service order—an 8.5% OOS rate. This is significantly lower than the all-FMCSR average of 31.4%, meaning inspectors rarely ground trucks for this violation. Most drivers receive a citation and continue operating. However, the citation itself still counts against your record and carrier metrics.

It's moderate in severity. Our data shows 395.28(a) ranked #1350 of 3,036 FMCSR codes by total citation volume with 130 all-time citations. Among peer hours-of-service violations, some are far more serious: 395.8A1 carries a 92.9% OOS rate, and 395.8(a)(1) reaches 93.2% OOS. By contrast, 395.28(a)'s 8.5% OOS rate puts it in the lower-enforcement category, though it's still a recordable violation that affects your safety profile.

First: write down the exact violation description and citation number. Second: photograph the citation and any inspection report. Third: report it to your carrier's safety manager or compliance officer within 24 hours—they need to know for your FMCSA file. Fourth: ask the inspector or review the citation document to confirm what specific requirement you violated. Fifth: contact your carrier's legal or compliance team if you plan to contest it. Do not ignore the citation; FMCSA tracks all roadside findings.

Yes, you can file a DataQs challenge if you believe the citation is factually incorrect or was issued in violation of FMCSA procedure. DataQs works best for documentation errors—wrong carrier name, invalid inspection date, or procedural violations during the roadside stop. You have 90 days to submit your challenge online through the FMCSA DataQs portal. Keep your citation copy and any supporting documentation. If you believe you complied with the regulation, provide written evidence of your compliance practice.

Rarely. Our inspection database shows zero citations for 395.28(a) in the last 90 days and zero in the last 12 months. All 130 all-time citations in our records are older. This suggests the violation is no longer a common finding during roadside inspections, which may indicate either improved driver compliance or a shift in inspector focus to higher-frequency hours-of-service violations like 395.24 (106,486 citations) and false records (83,660 citations).

SLABHOG LLC (USDOT 3695111) had 6 citations for 395.28(a) across all inspections in our database. CASTLE TRUCKING LLC and FLEET21 LLC each had 3 citations. No carrier dominates this violation, which aligns with the low overall citation volume of 130. Most carriers in our records have only 1–2 citations for this code, suggesting it's not a systemic compliance issue at any particular carrier.

Kenworth (KW) and Freightliner (FRHT) tractors each account for 8 citations in our records. Utility vehicles (UTIL) and Wabash trailers (WANC) follow with 6 citations each. Volvo (VOLV) tractors had 5. The distribution is fairly spread across major truck manufacturers, with no single make showing a pattern that suggests a design or equipment-related defect. This indicates the violation is driver or carrier practice driven, not vehicle-specific.

Both. The violation goes into your driver file as a finding under the Hours of Service BASIC and also into your carrier's file. FMCSA tracks safety performance at both the driver and company level. A citation affects your personal CSA score and your carrier's safety rating, which can influence insurance costs, customer relationships, and audit priority. Even though you weren't placed out of service, the citation is permanent in your FMCSA record unless successfully challenged through DataQs.