FMCSR 395.5: Maximum Driving Time for Adverse Conditions

No. A 395.5 citation does not result in an out-of-service order. Across our inspection records, the out-of-service rate for this violation is 0.0%, meaning no trucks have been placed OOS for this code. However, the citation itself will remain on your record and affect your CSA score, so you should still address it promptly with your carrier or safety director.

A single 395.5 citation carries a severity weight of 5 CSA points. The total impact on your BASIC score depends on when the citation was issued: violations from the last 30 days are weighted at 100%, 31–90 days at 75%, and 91–180 days at 50%. For example, a citation issued 15 days ago would count as 5 points (100% × 5), while one from 60 days ago would count as 3.75 points (75% × 5).

1. Obtain the inspection report from the inspector or your carrier—it will detail the specific violation.
2. Notify your carrier or safety director right away; they may need to review your logbook entries and conditions.
3. Verify the citation details against your records of the adverse conditions you experienced.
4. Document the weather or road conditions that were present during the cited period (photos, weather service data, dispatch notes).
5. Consider DataQs submission if you believe the finding is inaccurate or unsupported.
6. Update your compliance training to ensure future records are complete and accurate.

The seriousness of 395.5 is moderate among HOS violations. Our data shows that related codes like 395.8(a)(1) (not using appropriate HOS method) have a 93.2% out-of-service rate, while 395.8A1 (failing to have a record of duty status) reaches 92.9% OOS. By contrast, 395.5 carries no out-of-service risk. However, other HOS codes like 395.24 and 395.30B1 also have 0.0% OOS rates, placing 395.5 in the mid-range for HOS violation severity in terms of enforcement consequences.

Yes, you can submit a DataQs (Investigate Data Quality) request to challenge the citation. DataQs is designed for drivers and carriers to dispute safety data they believe is inaccurate. Your case is strongest if you can show that the inspection record itself contains factual errors—for example, if the inspector misidentified conditions, misread your logbook, or failed to account for documented adverse weather. Gather your logbook pages, dispatch records, and weather reports from the relevant date, then file your request through the FMCSA DataQs portal.

While 395.5 does not trigger an out-of-service order, it is still urgent from a compliance and CSA perspective. Our inspection records show zero citations for 395.5 in the last 90 days, which suggests either very low enforcement volume or improved driver compliance. However, because this code involves records documentation, any error discovered during an audit could compound future violations. Work with your carrier to ensure your logbook practices are solid and that adverse-condition claims are properly documented going forward.

Our inspection data contains zero all-time citations for 395.5. This extremely low enforcement volume—combined with zero citations in the last 12 months and last 90 days—means this violation is either rarely cited or represents an isolated compliance issue. This does not mean the regulation is unenforced; it may indicate that most drivers and carriers correctly document adverse conditions or that inspectors rarely focus on this specific citation.

A 395.5 citation affects both you as a driver and your carrier in the Hours of Service BASIC category. Under FMCSA CSA rules, HOS violations are tracked in a group category that appears on both driver and motor carrier records. Your individual score is calculated based on your citations over the past 24 months, while your carrier's score aggregates violations across all drivers. A clean record moving forward will help reduce the impact on both your profile and the carrier's safety rating.