FMCSR 395.8(d) — RODS Retention — Driver Q&A

No. Across our inspection records, 395.8(d) citations have never resulted in an out-of-service order. The OOS rate for this violation is 0.0%, meaning enforcement is citation-only—your truck stays on the road.

This contrasts sharply with related hours-of-service violations. For example, 395.8A1 (failing to have a record of duty status) results in an OOS placement 92.9% of the time. With 395.8(d), inspectors are documenting a record-retention issue, not an immediate safety threat.

A single 395.8(d) citation carries a CSA severity weight of 3 points. In the CSA system, this weight is multiplied by the number of violations found in a rolling 30-day period—so if you receive two 395.8(d) citations in 30 days, that's 6 CSA points total.

The severity weight of 3 places this violation in the lower-to-moderate range compared to equipment failures and unsafe driving, but it still counts toward your carrier's Hours of Service BASIC score.

1. Locate and gather copies. The citation is about retention, not the existence of your records. Pull your records of duty status (RODS) for the inspection period and the 60+ days before it (or your state's retention window).

2. Document what you have. Take photos or scans of every RODS document you can find—logbooks, ELD downloads, or paper forms.

3. Review the inspector's notes. The citation should specify which dates or records were missing. Match those dates to your documents.

4. Prepare for DataQs if warranted. If you believe the records existed or were properly retained, file a request for reconsideration through FMCSA's DataQs portal.

5. Notify your fleet manager immediately so they can document the finding in your carrier's safety file.

By out-of-service frequency, 395.8(d) is among the least serious hours-of-service citations. Our data shows zero OOS placements ever recorded for this code, whereas 395.8(e)(1) results in OOS 26.0% of the time, and 395.8A1 results in OOS 92.9% of the time.

However, severity weight tells a different story. At 3 points per citation, 395.8(d) is a recordable violation—it counts toward your carrier's CSA scores and your personal violation history. The violation itself signals a compliance gap that inspectors will note on future roadside checks.

Yes. 395.8(d) is a documentation violation, not an equipment or unsafe-act finding, which makes it contestable through FMCSA's DataQs (Request for Reconsideration of a Safety Violation) process.

To have a strong case, you'll need to prove that:

• The RODS records existed and were retained
• They were available to the inspector (even if not initially presented)
• Your retention method complies with FMCSA rules

File your DataQs request within 60 days of the inspection report. Attach scans of the records you do have and explain any gaps. FMCSA will review and either overturn or uphold the citation.

Our inspection database shows zero citations for 395.8(d) in the last 12 months and last 90 days. By contrast, the broader 395.8A violation (failing to keep RODS at all) has 41,341 all-time citations, and 395.24 (ELD form and manner) has 106,486 citations.

The rarity of 395.8(d) suggests inspectors rarely cite retention-only failures in isolation. Instead, they cite the primary violation—not having records—under 395.8A, or cite ELD-specific infractions under 395.24 or 395.30B1. A retention citation typically appears when records exist but documentation is incomplete or disorganized.

Both. The violation is recorded on your personal FMCSA safety record and on your carrier's CSA score. Hours of Service violations fall under the HOS BASIC category, which applies to both driver and motor carrier.

Your carrier's safety manager will see this citation in their carrier snapshot. If your carrier receives multiple 395.8(d) citations across drivers, it signals a fleet-wide records management problem that may trigger a focused FMCSA investigation or targeted enforcement.

Not unduly. With a 0.0% OOS rate, a 395.8(d) citation alone won't flag you for additional enforcement. However, it will show on your inspection history, and if a second inspector sees poor record organization at your next stop, they may issue another citation.

Best practice: organize and file all RODS documents clearly, keep hard copies for the full retention period (typically 6 months), and if using an ELD, download and archive monthly summaries. Clean, complete records prevent repeat findings and protect your CSA scores.