What happens when you're cited for not following ELD resolution steps. Direct answers on OOS rate, urgency, and next steps based on 199 all-time citations.
Ranks #1,234 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.
HOS (ELD) - Driver failing to follow the Motor Carrier''s and ELD provider''s recommendations in resolving the data inconsistency displayed on the ELD.
Direct answers grounded in TruckCodex inspection data
No. A 395.34(c) citation will not place your truck out of service. Across our inspection records, 0 out of 199 all-time citations for this violation resulted in an out-of-service order—an OOS rate of 0.0%. This is significantly lower than the 31.4% average OOS rate across all FMCSR codes, making 395.34(c) one of the least severe enforcement actions you can receive. You'll be cited, but your vehicle stays operational.
Immediately after citation:
The violation centers on the resolution process, so compliance starts with actually executing the steps your carrier and ELD provider told you to take.
This violation is among the mildest hours-of-service citations. It ranks #1214 out of 3,036 FMCSR codes by citation frequency with only 199 all-time citations and zero citations in the last 12 months. Compare this to related ELD violations: 395.24 (ELD Form and Manner) has 106,486 citations, and 395.8E (False record of duty status) has 83,660 citations. Like those similar violations, 395.34(c) carries a 0.0% OOS rate. The rarity of this citation and its non-roadside-removal status make it less serious than most other hours-of-service infractions.
We don't have point-weight data for this specific code in our records. However, the citation itself does not trigger an out-of-service order (0.0% OOS rate across 199 citations), which means FMCSA considers it a recordable violation but not an immediate safety threat. Your CSA Unsafe Driving or Hours of Service BASIC will be affected based on the violation's severity weighting under FMCSA's Safety Management Cycle. Contact your carrier's compliance team or FMCSA directly for the exact point value assigned to your citation.
Yes, you can file a DataQ (Data Quality) challenge if you believe the citation is inaccurate. DataQs challenges are designed for factual errors in how a violation was recorded—for example, if the inspection date, vehicle identification, or violation code is wrong on the roadside inspection report.
For 395.34(c), a valid DataQ would apply if: the inspector misidentified the violation or misrecorded your actions. However, if you were shown the ELD inconsistency and did not follow your carrier's or ELD provider's resolution steps, the citation will likely stand. Submit your DataQ through the FMCSA portal with supporting documentation (ELD records, carrier guidance, etc.).
SWIFT TRANSPORTATION CO OF ARIZONA LLC leads all carriers with 9 citations for this violation across our 13 million+ inspection records. The next most-cited are KNIGHT TRANSPORTATION INC with 3 citations, followed by VILLA TRANSPORTATION LLC, BHANDAL BROS INC, C R ENGLAND INC, MASTER TRUCKING LLC, TONELADAS EXPRESS LLC, BLUE ICE LOGISTICS INC, JB CARRIER INC, and ABF FREIGHT SYSTEM INC (each with 1–2 citations). The low citation count across all carriers reflects how infrequently this specific violation is enforced relative to other hours-of-service codes.
Moderately urgent for compliance, but not emergency-level. Zero citations for 395.34(c) have been issued in the last 12 months and zero in the last 90 days, indicating this violation is rarely cited. However, it does appear on your record as a failure to follow your carrier's and ELD provider's resolution instructions. The violation can be resolved by demonstrating that you did follow the resolution steps going forward. Work with your carrier's safety team to document compliance with their ELD correction procedures and ensure your records are accurate. Future inspections will look for this pattern, so address it promptly even though enforcement is currently minimal.
Freightliner units account for 79 of the 199 all-time 395.34(c) citations (39.7%), making them the most frequently cited make. Volvo follows with 35 citations, Wabash National with 27, and Great Dane with 26. These high counts reflect the prevalence of these makes in commercial fleets rather than a defect unique to any brand. The violation itself is about driver behavior and ELD software compliance, not vehicle equipment, so the citation distribution largely mirrors the composition of the national fleet.
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.