Direct answers about 395.8F02 hours-of-service citations: out-of-service risk, where it's cited, and your next steps—backed by 13M+ inspection records.
Ranks #1,745 of 3,146 FMCSR codes by citation frequency • OOS rate of 2.7% is below the FMCSR-wide average of 33.3%.
Driver's record of duty status entries not legible.
Direct answers grounded in TruckCodex inspection data
No. Across our 13 million inspection records, 395.8F02 has an out-of-service rate of 2.9%—meaning only 1 truck out of 35 cited was placed OOS. This code is not OOS-eligible under FMCSA rules. For comparison, the national average OOS rate across all FMCSR codes is 31.4%, so this violation is far less likely to result in an immediate roadside shutdown than most other citations.
No, it's among the least serious HOS violations. Our data shows 395.8F02 ranks #1735 out of 3,036 FMCSR codes by citation volume, with only 35 all-time citations in our database. Compare that to peer codes in the same category: 395.24 has 106,486 citations, and 395.8(e)(1) has 78,276. The rarity of this citation suggests it targets a narrow compliance gap that few drivers encounter.
Our records show the top state for this citation in the last 180 days is Texas, with 10 citations and a 0% out-of-service rate. Iowa had 1 citation, also with no OOS placement. Texas accounts for the overwhelming majority of 395.8F02 citations we've recorded, suggesting concentrated enforcement or carrier activity in that state.
Citation volume is low and inconsistent. Our monthly data for the last 12 months shows citations ranging from 1 to 6 per month. August 2025 and January 2026 were the highest, each with 6 citations. This sporadic pattern reflects how rarely this specific violation is cited—27 citations in the last 12 months across the entire United States.
In the last 90 days, 395.8F02 appeared alongside 392.2 (operating a CMV while ill or fatigued) in two separate inspections, and with 395.8F05 in one inspection. This suggests that when 395.8F02 is cited, it often occurs in contexts involving driver fatigue or multiple hours-of-service documentation issues. Flag these co-occurring codes as warning signs during compliance reviews.
Yes. DataQs (FMCSA Driver Records Qualification) is FMCSA's formal process for disputing citations on your record. You can request a review if you believe the inspection was procedurally flawed, the violation was misclassified, or the evidence was insufficient. Because 395.8F02 is a documentation-based violation (not equipment), the quality of the inspection notes and your record of duty status will determine contestability. Submit your DataQs request within 90 days of the citation date.
LBH Trucking LLC (USDOT 3414757) has the highest count with 6 all-time citations for 395.8F02. Magdalena Ochoa Andalla (USDOT 2573964) and Temple Carrier Inc (USDOT 830165) each have 4. These carriers account for 14 of the 35 total citations in our records, suggesting either higher inspection frequency, larger fleets, or specific compliance gaps around this particular hours-of-service requirement.
Where 395.8F02 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.