What 395.8F02 means in plain language
395.8F02 is a violation related to hours-of-service record-keeping requirements. The regulation addresses how drivers document their duty status—whether they are driving, on-duty not driving, sleeping, or off-duty—and ensures those records match the actual hours worked and the methods used to track them.
When an inspector cites you for 395.8F02, they have determined that your record of duty status (RODS) does not accurately reflect your work activities or does not comply with the prescribed method for recording those hours. This could mean the timing of entries doesn't match your actual on-duty period, the format is incorrect for your vehicle type or carrier system, or the documentation is missing required elements.
This is a strict record-keeping violation. It does not necessarily mean you violated the hour limits themselves—it means the documentation of your hours is deficient or inaccurate.
What our enforcement data actually shows
Across our 13 million+ inspection records, 395.8F02 is cited infrequently. All-time, we show 35 citations for this code. In the last 12 months, that figure is 27 citations, and in the last 90 days, just 1 citation. This makes 395.8F02 ranked #1735 out of 3,036 FMCSR codes by citation volume—well below the median for enforcement activity.
The out-of-service rate for 395.8F02 is 2.9%, meaning only 1 citation out of 35 resulted in a vehicle being placed out of service. By contrast, the all-FMCSR average out-of-service rate is 31.4%. This substantial gap tells you that this violation is rarely considered severe enough to remove a vehicle from service immediately. The vast majority of citations—34 out of 35—were issued as warnings or citations that allowed you to continue operating.
Monthly trends over the past 12 months show irregular citation activity. Our records indicate peaks in June 2025 (4 citations), August 2025 (6 citations), and January 2026 (6 citations), with lighter months in between. This pattern suggests the violation is not consistently present across the industry or may be dependent on inspector focus and carrier-specific practices.
Who gets cited most
Our inspection records show the citation is concentrated in a small number of states. In the last 180 days, Texas leads with 10 citations and 0 out-of-service actions (0.0% OOS rate). Iowa follows with 1 citation and 0 OOS actions (0.0% rate). Both states show no out-of-service consequences for this violation—every citation was resolved without removing the vehicle from service.
Among carriers, our data shows fleets such as LBH TRUCKING LLC with 6 all-time citations for this code, and MAGDALENA OCHOA ANDALLA and TEMPLE CARRIER INC, each with 4 citations. This distribution does not indicate systemic negligence; rather, it reflects that certain high-volume operations or smaller carriers may face higher total citation counts due to inspection frequency and fleet size.
How severe is this compared to similar codes
395.8F02 sits within the broader hours-of-service category alongside several codes with very different enforcement and severity profiles. For perspective:
395.24 (HOS ELD - ELD Form and Manner) has 106,486 citations—roughly 3,000 times more citations than 395.8F02—yet carries a 0.0% out-of-service rate. This shows that many HOS-related violations result in citations with minimal roadside consequence.
395.8A1-HOSP (Failing to have a record of duty status using the method prescribed) has 52,266 citations and a 92.9% out-of-service rate. That code is far more commonly enforced and far more likely to result in immediate removal from service—a stark contrast to 395.8F02's 2.9% OOS rate.
395.8(a)(1) (Not using the appropriate method to record hours of service) shows 39,561 citations with a 93.2% out-of-service rate, reinforcing that method-of-recording violations tied to primary compliance failures carry severe consequences, whereas 395.8F02 does not.
This comparison positions 395.8F02 as a low-volume, low-severity violation within its regulatory family—one that inspectors cite but rarely escalate to out-of-service status.
How to avoid it
Our data on commonly co-occurring violations shows that 395.8F02 occasionally appears alongside 392.2 (Operating a CMV while ill or fatigued), suggesting that fatigue or impaired alertness may sometimes correlate with incomplete or inaccurate record-keeping. Additionally, vehicle make data shows the bulk of citations involve Freightliner (19 citations) and Utility (10 citations) vehicles, which does not point to a specific defect pattern but reinforces that the violation is equipment-agnostic.
To avoid 395.8F02:
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Review your RODS before each shift. Ensure every time-stamp entry matches your actual transition between duty statuses. Do not backfill or estimate; record your status as you transition.
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Use your carrier's prescribed method consistently. Whether you are using an ELD, a paper logbook, or a carrier-mandated app, follow that single method without mixing formats or devices. Inconsistency triggers inspector scrutiny.
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Complete all required fields. Do not leave blank spaces where vehicle identification, location, shipper/consignee info, or duty-status reason codes are required. Missing fields are cited as incomplete records.
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Correct errors promptly and properly. If you make a mistake in your RODS, use your carrier's authorized correction procedure—typically a line struck through with the correct entry and your signature or initials plus timestamp. Never erase or overwrite.
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Maintain legible handwriting (if paper). Smudged, crossed-out, or illegible entries invite citation because inspectors cannot verify accuracy.
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Cross-check location and mileage. Verify that the places and odometer readings in your RODS match your actual stops and distance traveled. Gaps or inconsistencies raise questions about when you were actually driving.
This violation is uncommon and rarely leads to immediate service removal, but it is still a compliance mark on your safety record. Clean, accurate, timely record-keeping is your best defense.