Direct answers on 395.32B citations: out-of-service risk, CSA points, next steps, and state enforcement data from 13M+ roadside inspections.
Ranks #722 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.2% is below the FMCSR-wide average of 33.3%.
Driver failed to assume or decline unassigned driving time
Direct answers grounded in TruckCodex inspection data
No. Across our inspection records, 395.32B citations result in an out-of-service placement in only 0.2% of cases (2 out of 1,003 all-time citations). This is significantly below the national average OOS rate of 31.4% across all FMCSR codes. The vast majority of drivers cited for ELD tampering or disabling are allowed to continue operating immediately after the citation is issued.
A 395.32B citation carries a severity weight of 10 CSA points. This points value is added to your Safety Management Cycle (SMC) scores in the Hours of Service BASIC. The points remain active in your Safety Measurement System (SMS) for 12 months from the inspection date. The actual impact on your BASIC percentile depends on your company's total violation count over that same period.
First, review the specific violation details on your citation. Our inspection data shows that drivers cited for 395.32B often face co-occurring violations: 395.8E (false record of duty status) appears in 25 of the last 90 days' shared inspections, and 395.30B1 (failing to certify ELD accuracy) in 14. Immediately:
It's moderate in enforcement frequency but low in out-of-service risk. Across our 13M+ inspections, 395.32B ranks #715 of 3,036 FMCSR codes by citation volume (1,005 all-time citations). Peer violations in the same category show much higher OOS rates: 395.8A1-HOSP is placed out of service 92.9% of the time, and 395.8(a)(1) 93.2% of the time. Your 0.2% OOS rate puts 395.32B among the lowest-risk Hours of Service citations.
Yes, you can submit a DataQs (Roadside Inspection Report Correction) request through the FMCSA's Safety Management System. DataQs allows you to challenge inspection findings—either factual errors in the citation or disputed conclusions. For a 395.32B case, focus your challenge on documentation: whether the inspector correctly identified tampering behavior, whether the ELD logs actually show disabling, or whether you have contemporaneous records proving the device was functioning. DataQs requests must be submitted within 90 days of the inspection.
Our inspection data from the last 180 days shows 395.32B enforcement is heavily concentrated in three states:
Texas accounts for the majority of 395.32B citations nationally. Illinois (27) and New Mexico (19) also show notable enforcement activity. If you operate in Texas, the odds of encountering this citation are significantly higher than in other regions.
Medium to high urgency for your records and compliance stance, though not an immediate roadside safety threat. Our 12-month trend shows 395.32B citations have remained steady, ranging from 35 to 72 per month, with a spike in July 2025 (72 citations). In the last 90 days, we recorded 125 citations nationally. Because co-occurring violations often include false duty status records (395.8E) and driving violations (395.3A2-PROP, 395.3A3-PROP), address your ELD practices immediately: verify all manual entries, ensure timely duty status changes, and review your company's ELD compliance training.
Our all-time inspection records identify five carriers with the highest 395.32B citation counts:
If you work for any of these carriers, reinforce ELD compliance in your pre-trip procedures and be aware that your carrier's profile may draw closer inspection scrutiny.
Where 395.32B is most commonly cited (last 180 days)
Other violations commonly found on the same inspection (last 90 days)
TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.
Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.
Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).
Cross-border carrier registry and Canadian recall campaigns where applicable.
TruckCodex is an independent aggregator; it is not affiliated with FMCSA, NHTSA, EIA, or Transport Canada. Always verify compliance-critical information directly with the originating agency.