FMCSR 395.8(b) — Record of Duty Status Not Current

No. Across our inspection database, 395.8(b) citations have never resulted in an out-of-service placement. The OOS rate for this violation is 0.0%.

This is a documentation-level violation, not an equipment or safety defect that stops your truck. You'll receive a citation, but you can continue operating while you address the compliance issue.

395.8(b) carries a CSA severity weight of 3. In the 30-day CSA scoring window, each citation is multiplied by that weight and added to your Hours of Service BASIC score.

One citation = 3 points toward your HOS BASIC. The impact on your overall CSA score depends on your citation history over the past 30 days.

1. Review the citation details — confirm what specific duty status change the inspector flagged as not current.
2. Check your RODS records — manually or via ELD, verify the timestamp and content match your actual activities.
3. Correct and maintain going forward — update your record of duty status to reflect the current change within the required window.
4. Document the correction — keep notes on what was missing or incorrect.
5. Contact your fleet safety team — if company driver, report the citation immediately so they can audit similar records.
6. Consider DataQs if warranted — if you believe the citation was factually incorrect, file through the FMCSA DataQs portal.

395.8(b) is moderate in severity. Among hours-of-service code violations, it sits in the middle tier.

Compare: 395.8A1 (failing to have RODS at all) has a 92.9% OOS rate; 395.8(a)(1) (wrong RODS method) has a 93.2% OOS rate. But 395.8(b) (not current) and 395.8A (general failing to keep) at 1.3% OOS are inspectional findings, not vehicle safety stops. The severity weight of 3 is lower than equipment violations, reflecting that this is a records issue.

Yes. 395.8(b) is a documentation-based finding, which makes it contestable. File a DataQs Request for Reconsideration with the FMCSA within 60 days of the citation if you can demonstrate:

• Your RODS record was current to the last duty status change at the time of inspection, or
• The inspector's interpretation of "current" was incorrect, or
• You have supporting documentation (logs, timestamps, etc.) that contradicts the citation.

DataQs reviews your evidence and the inspector's notes. Success depends on factual clarity.

Our inspection records show 0 citations for 395.8(b) in the last 12 months and 0 citations in the last 90 days. This code is rarely cited in enforcement.

For context, similar RODS violations like 395.8A (failing to keep RODS) generated 41,341 citations all-time. The rarity of 395.8(b) enforcement suggests inspectors typically cite broader RODS failures rather than this specific "not current" variant.

395.8(b) means your record of duty status was not updated to match your current duty status at the time of inspection.

For example: you switched from driving to on-duty not driving, but your log entry (paper or ELD) did not reflect that change. The rule requires RODS to be kept current—meaning updates must happen within a reasonable timeframe as your duty status changes, not hours later. It's a timeliness and accuracy issue in real-time record-keeping.

Both. Hours of Service (BASIC 2) is a driver BASIC, so the citation appears on your individual safety record. If you're a company driver, it also reflects on your carrier's BASIC score through the company's consolidated record.

Owner-operators see the citation on their own record. Company drivers see it on their record; the carrier sees it aggregated across all their drivers in the HOS BASIC.