Direct answers on 395.8D09 enforcement, out-of-service risk, and next steps. Real data from 13M+ roadside inspections.
Ranks #932 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.
The driver failed to include name of co-driver for each 24 hour period.
Direct answers grounded in TruckCodex inspection data
No. Across our 13 million+ inspection records, 395.8D09 has never resulted in an out-of-service placement—the OOS rate is 0.0%. This is dramatically lower than the all-FMCSR average of 31.4%, which means inspectors treat this violation as a documentation or procedural issue rather than an immediate safety threat. You'll receive the citation, but your truck stays in service and you can keep moving.
395.8D09 is among the least severe HOS violations. While peer codes in the same category show OOS rates as high as 93.2% (395.8(a)(1)) and 92.9% (395.8A1-HOSP), 395.8D09 sits at 0.0% OOS rate across all 504 all-time citations. This places it in the lowest-risk tier of hours-of-service enforcement—comparable to 395.24 (ELD Form and Manner) and 395.30B1-ELDDFR, both also at 0.0% OOS rates. The violation is correctable and does not trigger immediate vehicle removal.
First, review the specific finding on your citation. Our inspection records show 395.8D09 frequently co-occurs with lamp defects (393.9) and ELD documentation issues (395.24C2III and 395.24D). Verify your ELD records are accurate and properly documented, ensure all required vehicle lights are functional, and confirm your shipping documents are complete. If you dispute the finding, you have the right to file a DataQs record review request within 90 days—document the date, time, and circumstances of the inspection to support your challenge.
Iowa leads by far. In the last 180 days, Iowa issued 73 citations for 395.8D09, followed by Texas with 43 citations and New Mexico with 22. Illinois rounds out the top four with 5 citations. Across all three top states, the OOS rate remains 0.0%—none of these citations resulted in vehicle removal. If you operate in Iowa, expect higher enforcement frequency on this code.
Citations are rising. In the last 12 months, we recorded 320 citations for 395.8D09 across our database. The most recent month (March 2026) showed 12 citations, and peak months like December 2025 and July 2025 hit 48 and 38 respectively. This represents steady mid-level enforcement—the code ranks #921 out of 3,036 FMCSR codes by total citation volume. The upward trend suggests inspectors are becoming more attentive to this particular violation.
Freightliners dominate the citation data. Across all 504 all-time citations, freightliner units (FRHT) account for 218, nearly 43% of all 395.8D09 findings. Utility trailers (UTIL) follow with 94 citations, and grain trailers (GDAN) with 92. Kenworth (KW) units have 63 citations. If you drive a freightliner, be especially diligent with hours-of-service documentation and ELD compliance, since this code is cited against your equipment type far more frequently than others.
Yes. All FMCSA roadside inspection citations can be challenged through the DataQs record review request process. You have 90 days from the date of inspection to file a formal dispute. DataQs requests work best when the violation is based on documentation, measurement, or procedure rather than direct observation—and 395.8D09 is procedural in nature. Gather your logbooks, ELD records, and any evidence showing compliance at the time of inspection, then submit your challenge through your carrier's CSA account or via the FMCSA DataQs portal.
Best Rush Service LLC leads with 9 all-time citations (USDOT 2087187). A cluster of carriers follow closely behind with 8 citations each: Lula Logistics Inc, Sierra Carriers LLC, McDermid Transportation Inc, Select Dedicated Solutions LLC, Best Way Expediting LLC, CLC Trucking and Moving Company LLC, TrucKa USA LLC, Fly Horse Trucking Inc, and Maverick Express Carriers LLC. These carriers show either higher operating volume or less robust ELD documentation practices. If you work for one of these carriers, expect your safety team to audit logs and ELD compliance more closely.
Where 395.8D09 is most commonly cited (last 180 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.