What 395.28(c) means in plain language
395.28(c) addresses requirements related to how you must record and maintain your hours of service when operating a commercial vehicle. This regulation focuses on the specific format, timing, and accuracy of the records you're required to keep as evidence of your compliance with federal hours-of-service limits.
In practice, this means inspectors are looking at whether your record-keeping method—whether electronic, automatic, or manual—meets the prescribed standard. The regulation does not allow shortcuts or informal tracking; your hours must be recorded in the manner the FMCSR specifies. If an inspector finds that your records don't conform to the required method or format, you can receive a citation, even if your actual hours of service are compliant.
What our enforcement data actually shows
Across our 13 million+ roadside inspection records, 395.28(c) has received only 15 all-time citations, with zero citations in the last 12 months and zero in the last 90 days. This makes 395.28(c) the 2,050th most-cited FMCSR code out of 3,036 total codes—a very rare violation.
None of the 15 drivers cited for this code were placed out of service, giving it a 0.0% out-of-service rate. This is substantially lower than the all-FMCSR average of 31.4%, indicating that inspectors do not treat 395.28(c) violations as immediate safety threats requiring vehicle removal from service.
The absence of citations in recent months suggests either that compliance with this specific requirement is widespread, or that inspector focus has shifted to other hours-of-service codes with higher violation frequency.
Who gets cited most
Our records show no state-level concentration; the 15 all-time citations are distributed across multiple carriers and regions. The top carriers with 395.28(c) citations each have only one citation: our data shows fleets such as New Prime Inc and Western Express Inc with single citations in our database. This sparse distribution means there is no identifiable geographic or carrier-specific pattern that would flag elevated risk.
Freightliner was the most commonly cited vehicle make in 395.28(c) violations with 7 citations, followed by Hyundai trailers with 3 and Wabash, International, and Peterbilt trailers with 2 each. These represent typical commercial heavy-duty equipment and suggest no unusual vehicle-make vulnerability.
How severe is this compared to similar codes
395.28(c) sits in the broader hours-of-service category alongside several more frequently enforced codes. For context:
- 395.24 (ELD Form and Manner) has received 106,486 citations with a 0.0% OOS rate—over 7,000 times more citations than 395.28(c), yet with identical out-of-service outcomes.
- 395.8(e) (False record of duty status) has 83,660 citations and a 9.6% OOS rate, showing that deliberate falsification draws higher enforcement and more frequent OOS actions.
- 395.8A1 (Failing to have a record of duty status) has 52,266 citations and a 92.9% OOS rate—vastly more severe in enforcement response.
The stark difference in citation volume and OOS rates suggests that 395.28(c) is either very well understood by drivers and carriers, or it is interpreted narrowly by roadside inspectors and treated as a lower-priority audit item.
How to avoid it
Given the rarity of this citation and its focus on record-keeping method, your best defenses are straightforward:
- Use an FMCSR-compliant recording system before you start driving. Whether electronic logging device (ELD), automatic onboard recorder, or approved paper logbook, confirm it meets the method prescribed in 395.28(c) before your dispatch.
- Ensure your records are legible and complete at every inspection point. Inspectors may check not just the hours total, but whether the format matches regulatory requirements. Smudged, torn, or incomplete entries invite scrutiny.
- If using a paper logbook, use the FMCSA-approved paper logbook format. Do not improvise columns, abbreviations, or notations that deviate from the standard.
- Maintain records for the full retention period required (typically 6 months for electronic or 1 year for paper, depending on your carrier's policy and regulatory status). Incomplete record history itself can trigger a citation.
- Train on your carrier's approved method before each assignment change. If your fleet switches ELD vendors or logbook systems, understand the new format's requirements immediately.
Because this violation is so uncommon and carries no out-of-service risk, your citation is likely a formatting or procedural finding rather than a serious safety issue. Work with your dispatcher or safety manager to review the specific finding and confirm your system is aligned with FMCSR requirements going forward.