What happens if you're cited for 395.34C? Will it put your truck OOS? Direct answers backed by 13M+ inspection records.
Ranks #761 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.1% 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. Across our inspection records, 395.34C results in an out-of-service order in only 0.1% of cases—just 1 citation out of 851 all-time. This is far below the 31.4% average OOS rate across all FMCSR codes. In the last 180 days, California, Colorado, and Arizona combined issued 220 citations with zero out-of-service placements. Your truck stays in service in nearly every case.
This violation fires when you don't follow your motor carrier's and ELD provider's recommendations to fix a data mismatch shown on your electronic logging device. The rule requires you to take the corrective steps they tell you to take when your ELD flags an inconsistency. It's not about causing the problem—it's about resolving it the way your carrier and ELD provider direct you to.
No—it's one of the least serious ELD violations. Our database shows 395.34C ranks #756 out of 3,036 FMCSR codes by citation volume. Compare it to peer ELD violations: 395.24 (ELD Form and Manner) has 106,486 citations; 395.8E (False record of duty status) has 83,660. The 395.34C OOS rate of 0.1% also sits well below 395.30B1 (0.0%) and far below 395.8A1 (92.9%). You've been hit with a relatively minor finding.
First: contact your carrier's compliance or safety team immediately. Second: review the specific data inconsistency flagged on your ELD and follow the exact steps your carrier and ELD provider recommend to resolve it. Third: document that you completed those steps. Our inspection data shows this violation often appears alongside 395.30B1 (failing to review and certify records; 22 co-occurrences in 90 days), so make sure you're also reviewing your ELD records fully and certifying their accuracy going forward.
You can attempt a DataQs Review/Dismissal Report (RDR) if you believe the citation is factually inaccurate or unsupported by the inspector's evidence. However, 395.34C is documentation-based—the inspector will have noted that you didn't follow your carrier's corrective steps. If you did follow them but the inspector was unaware, RDR can help. If you didn't, the finding will likely hold. Consult your carrier's safety team and review the citation details before filing.
Our last 180 days of data show California leads by far with 151 citations, followed by Colorado with 41, and Arizona with 28. These three states account for 220 of the last 170 citations across the country—nearly 80% of all 395.34C findings. If you operate in California, take extra care with ELD inconsistencies and always confirm you've followed your carrier's resolution steps.
Yes, enforcement is rising. Our 12-month trend shows February 2026 was the peak month with 90 citations, and the last year averaged 47 citations per month. The 90-day average sits at 57 citations per month. This upward trend suggests inspectors are focusing more on whether drivers are actively following motor carrier guidance to resolve ELD data issues—not just whether inconsistencies appear.
Hours of Service violations, including 395.34C, are tracked under the HOS BASIC in FMCSA's CSA program. Your violation record will reflect on both your individual driver record and your carrier's record—CSA is a shared accountability system. If you work for multiple carriers, each one will see the violation tied to your profile when you were under their dispatch. Your carrier's HOS BASIC score impacts their compliance profile and insurance costs.
Where 395.34C 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.