FMCSR 395.3AII: Driver Q&A — Citations, OOS Risk & Next Steps

Almost certainly not. Across all-time inspection records, 395.3AII carries a 0.1% out-of-service rate — only 3 OOS placements out of 3,339 total citations. For context, the average OOS rate across all FMCSR codes is 31.4%, meaning this violation is placed out of service at roughly one-third of one percent of that average. You will almost always drive away from the inspection, but the citation still posts to your CSA record and the carrier's BASIC scores, so "not OOS" does not mean "no consequence."

The STATISTICS block for 395.3AII does not include a severity weight value, so a precise point number cannot be stated here. What the data does confirm is that 395.3AII falls in the Hours of Service BASIC — one of FMCSA's seven BASIC categories used to calculate Intervention Thresholds. Violations in that BASIC are time-weighted: a citation in the most recent 6 months counts more heavily than one from 2–3 years ago. With 2,425 citations recorded in just the last 12 months, this is an actively enforced code, and any citation will factor into both the driver's PSP record and the carrier's HOS BASIC percentile.

Take these steps immediately after the inspection:

1. Pull your ELD records for the relevant day and verify your 30-minute break is logged correctly — 83 of the last 90-day inspections flagged alongside 395.3AII also included a false record of duty status citation (395.8E-HOSPD).
2. Check your 11-hour and 14-hour limits — 126 co-occurring inspections also cited exceeding the 11-hour driving limit, and 81 cited the 14-hour rule. If those apply to you, document them separately.
3. Review your ELD form and manner — 50 co-occurring inspections also carried an ELD Form and Manner violation (395.24).
4. Notify your safety department immediately so the carrier can assess BASIC impact.
5. Save all supporting documents (receipts, fuel records, customer timestamps) before memories fade — you may need them for a DataQs challenge.

Relative to peer HOS codes, 395.3AII is on the lower end of severity by OOS risk. Its 0.1% OOS rate compares favorably to several peer codes in the same category: 395.8A1-HOSP carries a 92.9% OOS rate, 395.8(a)(1) carries 93.2%, and even 395.8E-HOSPD (false record of duty status) hits 9.6%. However, enforcement volume is rising — our inspection records show 286 citations in March 2026 alone, the highest single month in the last 12-month window. The violation ranks #413 out of 3,036 FMCSR codes by all-time citation count, placing it in the top 14% of most-cited codes nationally. Low OOS risk does not mean low enforcement attention.

Yes, you can submit a Request for Data Review (RDR) through FMCSA's DataQs system for any roadside citation, including 395.3AII. Because this is a documentation-based HOS violation — it turns on whether a qualifying 30-minute off-duty or sleeper-berth period is properly recorded — a successful challenge usually requires producing ELD logs, paper records, or system data that shows the break occurred and was logged correctly. If the inspector misread the log or the ELD had a sync error, that is grounds for removal. Contested inspections that result in a confirmed violation stay on the record; only those ruled incorrect or unconfirmed are removed from PSP and BASIC calculations.

In the last 180 days, Georgia leads all states with 93 citations, followed by Arizona at 79 and Indiana at 76. Mississippi (74 citations) and Colorado (69 citations) round out the top five. Notably, every one of those top-10 states posted a 0.0% OOS rate during that period — inspectors are consistently writing the citation without pulling drivers out of service. If your lanes run through the Southeast or Southwest corridors, the data in our database indicates those regions see the highest enforcement concentration for this specific code.

The trend says act now. Across 13 million inspections, the last 12-month period accounts for 2,425 of the code's 3,339 all-time citations — meaning roughly 73% of every citation ever written for 395.3AII happened in the last year alone. March 2026 hit 286 citations in a single month. The 90-day count stands at 522, confirming enforcement is not tapering off. The OOS risk stays low at 0.1%, so the immediate roadside consequence is minimal, but each citation compounds your carrier's HOS BASIC percentile and your own PSP history — both of which insurance underwriters and shippers review. Urgency is high from a records standpoint even if the truck keeps rolling.

Both. Under FMCSA's CSA methodology, a roadside citation for 395.3AII attaches to the inspected driver's Pre-Employment Screening Program (PSP) record and simultaneously scores against the carrier's Hours of Service BASIC. The driver carries the violation when moving between employers — any carrier that pulls a PSP report during hiring will see it. The originating carrier's BASIC percentile is also affected for the 24-month window that the inspection stays active in the SMS. Our inspection records show the top all-time carrier by citation count is United Parcel Service Inc (USDOT 21800) with 28 citations, illustrating that even large, well-resourced fleets accumulate exposure across their driver population.