What 395.8(c) means in plain language
Your record of duty status—whether handwritten, electronic, or in any other format—must be accurate. A citation for 395.8(c) means an officer found information in your RODS that does not match the facts of your actual work: times logged don't align with your real movements, duty statuses were recorded incorrectly, or data was altered after the fact.
This is different from failing to keep a record entirely (that would be 395.8(a)). You did have a record; the problem was what was written in it. The regulation requires the information itself to be truthful and complete, not just present.
Accuracy matters because your RODS is the official accounting of your hours, rest periods, and driving time. When an officer inspects your records during a roadside stop, they're checking whether what you logged matches your logbook, dispatch records, GPS data, or other evidence available at the scene.
What our enforcement data actually shows
Across our 13 million inspection records, 395.8(c) is one of the least-cited violations in the Federal Motor Carrier Safety Regulations. All-time, we have recorded only 3 citations for this code. In the last 12 months and the last 90 days, citations for this specific violation were 0.
None of the three all-time citations resulted in an out-of-service order. The out-of-service rate for 395.8(c) is 0.0%—well below the all-FMCSR average of 31.4%. This means when officers cite 395.8(c), they typically do not immediately remove the vehicle or driver from service.
Ranked against all 3,036 FMCSR codes by citation frequency, 395.8(c) sits at #2551. The rarity of this citation suggests that inaccurate records are either caught and corrected at the carrier level before roadside inspection, or that most drivers and fleets maintain logbooks closely enough that inspectors seldom cite this particular code.
Who gets cited most
With only 3 all-time citations in our database, the citation count is distributed across a small number of carriers. Our inspection records show citations issued to AVI Food Systems Inc (USDOT 320805), Javier Martinez Gomez (USDOT 2689084), and America First Freight LLC (USDOT 4146387)—each with 1 citation. The vehicle makes involved were a Freightliner, an Isuzu, a utility vehicle, and a Volvo, with one citation each.
The scarcity of these citations means there is no meaningful state-level clustering to report. Because the violation is so infrequently cited, it does not concentrate in any particular geographic region or carrier segment in a way that would guide prevention strategy by location.
How severe is this compared to similar codes
Comparing 395.8(c) to other hours-of-service violations reveals important context. The peer code 395.8E (False record of duty status) has been cited 83,660 times with a 9.6% out-of-service rate—vastly more common and slightly more likely to trigger removal from service. Another related code, 395.8(e)(1), has 78,276 citations and a 26.0% OOS rate.
At the opposite end, 395.24 (ELD Form and Manner) shows 106,486 citations but a 0.0% OOS rate, and 395.30B1 (Driver failing to review and certify ELD accuracy) has 70,864 citations also at 0.0% OOS. These comparisons show that accuracy-related violations—when they trigger out-of-service action at all—do so far less often than violations related to failing to maintain records or misusing hours-of-service methods.
The low OOS rate on 395.8(c) suggests inspectors view inaccuracy as a compliance issue that can be resolved through warning or citation without immediately taking the vehicle out of service.
How to avoid it
Because the data shows this violation is rare, your best defense is straightforward attention to detail:
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Log your times as you work. Do not estimate or fill in times from memory at the end of your shift. Write down (or electronically record, if using an ELD) the exact time you change duty status—on-duty, off-duty, sleeper, or driving. Handwritten and electronic records are equally valid; accuracy is what matters.
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Match your log to your actual movements. Before you submit your record, cross-check it against dispatch confirmations, fuel receipts with timestamps, and any other documentation of when you actually drove, parked, or performed on-duty work. If an officer compares your logbook to a fuel receipt or GPS record during inspection and finds a mismatch, you have a 395.8(c) problem.
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Never backdate or alter records. If you make a mistake in your RODS, correct it clearly (in handwritten logs, cross out neatly and initial; in ELD systems, use the amendment or correction function). Do not rewrite or erase. Alterations after the fact, especially those that appear intentional, are a red flag.
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Review your ELD daily if you use one. If you operate with an electronic logging device, spend 30 seconds each evening confirming that the automatic records match your day. Many ELDs allow the driver to review and certify accuracy before submission. Use that step.
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Understand your company's logbook policy. Some carriers have specific rules about how to label on-duty work (e.g., dock time, loading, vehicle maintenance). Know those rules and apply them consistently. Consistency reduces the chance of an inspector finding a record they perceive as inaccurate because it doesn't match a known procedure.
The extreme rarity of 395.8(c) citations in our data indicates that most drivers who get cited for logbook issues face violations like 395.8(e) (false record) or 395.8(a) (failing to keep a record), not inaccuracy. Staying current with your record and keeping it truthful keeps you well clear of this violation.