What 395.28 means in plain language
FMCSR 395.28 addresses your responsibility to correctly designate your driving category or exemption status in your hours-of-service records. When you operate a commercial motor vehicle, federal rules require you to record not just how long you drive, but what kind of driving you're doing—and whether any special exemptions apply to your operation.
This citation means an inspector found that you either failed to mark the appropriate driving category in your logbook or ELD, or you didn't properly annotate an exemption that should have been noted. Examples include failing to select short-haul status if you qualify, not designating agricultural hauling when applicable, or neglecting to flag yard moves or other exempt operations. The violation is about the administrative accuracy of your records—getting the classification right.
Unlike citations for actually running over your hours, a 395.28 violation typically won't put you immediately out of service. But it creates a compliance record and signals to regulators that your record-keeping practices need attention.
What our enforcement data actually shows
Across our 13 million+ inspection records, 395.28 is one of the rarest hours-of-service violations on the books. We've recorded just 25 citations for this code in our entire database, with 18 in the last 12 months and 5 in the last 90 days. It ranks #1860 out of 3,036 FMCSR codes by citation volume.
Of the 25 all-time citations, only 1 resulted in an out-of-service order—yielding a 4.0% OOS rate. That's significantly lower than the all-FMCSR average of 31.4%, reflecting that this is treated as a paperwork error rather than an acute safety hazard. In the last 90 days, inspectors cited this code 5 times with zero out-of-service placements.
The monthly trend over the past year shows sporadic enforcement: peaks in May 2025 (2 citations), October 2025 (3 citations), December 2025 (3 citations), and February 2026 (3 citations), with lighter months in between. This volatility suggests citation depends on inspector discretion and the thoroughness of individual roadside reviews of your ELD or logbook.
Who gets cited most
Our data from the last 180 days shows Texas leading with 5 citations, followed by Iowa with 3 citations and Illinois with 1 citation. Across all three states, the OOS rate was 0.0%—no drivers were pulled out of service for this violation. This consistency suggests that even when cited, enforcement is treated as a warning-level compliance issue rather than grounds for immediate removal from duty.
No single carrier dominates the citation landscape: our all-time data shows ten different fleets with one citation each, including McKenzie Farm Services Inc, Western Express Inc, and AOC Trucking LLC. This distribution indicates the violation is scattered across the industry rather than concentrated in poorly managed operations.
How severe is this compared to similar codes
To understand where 395.28 sits in the enforcement severity spectrum, compare it to other hours-of-service violations. FMCSR 395.24 (ELD Form and Manner) is the most frequently cited HOS code with 106,486 citations—over 4,200 times more common than 395.28—yet it carries a 0.0% OOS rate. Similarly, 395.30(b)(1) (Driver failing to certify accuracy) has generated 37,931 citations with a 0.1% OOS rate.
In contrast, 395.8(a)(1) (Not using the appropriate method to record hours of service) has 39,561 citations but a 93.2% OOS rate, and 395.8A1-HOSP (Failing to have a record of duty status) shows 52,266 citations with a 92.9% OOS rate. These violations represent actual failures to maintain records or use the required method—far more serious than a mislabeled category. Your 395.28 citation is administrative and low-severity by comparison.
How to avoid it
The best defense is to understand your operating profile before each shift and verify you've selected the correct category in your ELD or logbook system:
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Review your route and load before departure. If you're hauling agricultural commodities under certain conditions, doing short-haul work within defined radii, or conducting yard moves, flag these upfront. Don't assume your default category covers every trip.
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Know your exemption eligibility. Some drivers and carriers qualify for interstate or intrastate short-haul exemptions, farm exemptions, or other special statuses. If you think one applies to your planned operation, confirm it with dispatch or your safety manager and ensure your ELD reflects it.
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Inspect your ELD settings. Review the special driving categories and exemption options available in your system. Run through a checklist: Have I selected the right duty status? Is my exemption flag accurate? Are vehicle-specific notes captured (e.g., yard-move annotations)?
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Double-check before certification. Before you certify your daily logbook, re-read the categories you've chosen. A 30-second review catches misclassifications that might otherwise trigger an inspection citation.
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Confirm post-inspection. If an inspector flags a 395.28 issue during a roadside stop, ask for specifics about which category or annotation was incorrect. Use that feedback to calibrate your process going forward.
Our co-occurring violation data shows that 395.28 sometimes appears alongside vehicle-equipment citations (coupling devices, brake tubing, power steering) and other duty-status issues, suggesting that comprehensive pre-trip inspection discipline—vehicle and logbook—reinforces compliance across the board.