Direct answers about 395.8A2II hours-of-service citations. Will it put you OOS? Where is it cited? What to do now.
Ranks #1,696 of 3,146 FMCSR codes by citation frequency • OOS rate of 2.3% is below the FMCSR-wide average of 33.3%.
Driver failed to submit their record of duty status within 13 days.
Direct answers grounded in TruckCodex inspection data
No. Across our 13 million inspection records, 395.8A2II has resulted in an out-of-service order in only 1 out of 40 all-time citations—a 2.5% OOS rate. This is significantly lower than the 31.4% national average OOS rate across all FMCSR codes. In the last 90 days, there have been 2 citations with zero out-of-service placements. You will almost certainly be allowed to continue operating after this citation.
395.8A2II is a hours-of-service violation related to record-of-duty-status documentation or method. The specific variant (A2II) involves a particular failure in how you recorded or should have recorded your duty status. The citation means an inspector determined your logs or logkeeping method did not meet federal requirements for that specific sub-category. Check your inspection report for the exact finding to understand which aspect of your RODS was non-compliant.
Over the last 180 days, our inspection records show 395.8A2II citations concentrated in three states: Texas (7 citations), Illinois (1 citation), and North Carolina (1 citation). Texas accounts for the majority of recent enforcement activity for this code. If you operate in Texas, this violation is worth flagging in your compliance checklist.
It is relatively low-risk in terms of out-of-service enforcement. The 2.5% OOS rate is far below comparable hours-of-service codes: 395.8A1-HOSP has a 92.9% OOS rate, and 395.8(a)(1) has a 93.2% OOS rate. However, other RODS codes like 395.8A have only a 1.3% OOS rate. 395.8A2II sits in the safer category but should still be corrected promptly to avoid accumulation of violations.
The specific CSA point value for 395.8A2II is not provided in our inspection data. Hours-of-service violations generally carry significant point weight and are tracked under the HOS BASIC category. CSA points are calculated by FMCSA based on violation severity and recency. You should contact your carrier's safety team or consult your FMCSA Safer Portal account to see the exact CSA impact on your record.
Enforcement volume is moderate and stable. Across the last 12 months in our database, there were 22 citations for this code. Recent 90-day volume is low at only 2 citations. Monthly citations have ranged from 1 to 6 over the past year, with no dramatic spike or decline. This suggests consistent but limited enforcement activity—it is not a widespread compliance focus, but corrections remain important.
Yes, you can submit a DataQs (Roadside Inspection Report Questionnaire) challenge through FMCSA's portal. Hours-of-service and documentation violations are contestable, especially if the citation stems from a clerical error, misunderstanding of your logbook entries, or ELD system malfunction. You have 90 days from the inspection date to file. Gather your logbook records, ELD reports, and any contemporaneous notes to support your dispute.
Where 395.8A2II is most commonly cited (last 180 days)
Other violations commonly found on the same inspection (last 90 days)
TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.
Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.
Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).
Cross-border carrier registry and Canadian recall campaigns where applicable.
TruckCodex is an independent aggregator; it is not affiliated with FMCSA, NHTSA, EIA, or Transport Canada. Always verify compliance-critical information directly with the originating agency.