FMCSR 395.28(c) Q&A: Hours of Service Violations

No. Across our 13 million inspection records, 395.28(c) citations have never resulted in an out-of-service order—the OOS rate is 0.0%. All 15 citations on record were issued without placing the vehicle OOS. This contrasts sharply with the all-FMCSR average OOS rate of 31.4%, making this one of the least severe hours-of-service violations you can receive.

No, it's among the least serious. Our inspection database shows 395.28(c) ranks #2050 out of 3,036 FMCSR codes by citation volume, with only 15 all-time citations. Compare that to related hours-of-service violations: 395.24 has 106,486 citations, 395.8E-HOSPD has 83,660, and 395.8A has 41,341. The 0.0% OOS rate for 395.28(c) also sits well below the national average of 31.4%.

Very rarely. Our inspection records show zero citations for 395.28(c) in the last 12 months and zero in the last 90 days. The all-time count is just 15 citations across the entire database of 13 million+ inspections. This enforcement pattern suggests the violation is either straightforward to avoid or enforcement focus has shifted elsewhere in hours-of-service monitoring.

First, document the circumstances of the citation and obtain a copy of the inspection report from the officer. Since this violation will not place your truck OOS, you can continue operating. Review your hours-of-service logs and records with your carrier's compliance team to understand what triggered the citation. Request your carrier file a DataQS challenge if you believe the finding is inaccurate—this process allows you to dispute inspection records through FMCSA's system. Keep all documentation for your records.

Yes. FMCSA's DataQS (DataQuality System) allows drivers and carriers to challenge roadside inspection findings. Submit evidence directly through your carrier's compliance portal or contact FMCSA to initiate a challenge if you believe the citation was issued in error or based on inaccurate information. Since hours-of-service violations often involve interpretation of log records, corrections to your RODS (Record of Duty Status) or ELD data can strengthen your case.

According to our inspection records, Freightliners account for the largest share of 395.28(c) citations, with 7 out of 15 all-time citations. Hyundai trailers follow with 3 citations, while Wabash, International, and Peterbilt trailers each have 2 citations. The small overall volume means this data reflects a very limited enforcement pattern and should not be used to predict risk by vehicle type.

Both. FMCSA's CSA system records violations against the driver's profile and the carrier's safety profile. This violation impacts the Hours of Service BASIC for both parties. However, since 395.28(c) is rarely enforced and never results in OOS orders, its CSA impact is minimal compared to more frequent violations like 395.24 (106,486 citations) or false records of duty status (83,660 citations).

Low urgency from an enforcement standpoint. Zero citations in the last 90 days and zero in the last 12 months indicate this violation is not an active enforcement priority. You are not at immediate risk of additional citations for this specific code. Focus your compliance effort on the high-volume HOS violations your carrier tracks, such as ELD compliance (395.24) or record-keeping accuracy, which show significantly higher citation rates in our database.