What 395.8F05 means in plain language
395.8F05 is an hours of service violation that involves how you document or report your driving time. The regulation requires drivers to maintain an accurate record of duty status — essentially a log showing when you're driving, on-duty (not driving), off-duty, or in a sleeper berth. This code flags a specific deficiency in that record-keeping.
Your record of duty status is the foundation of FMCSR compliance. Whether you use an electronic logging device (ELD), paper logs, or another approved method, the rule is the same: the record must match your actual duty status at the time. When an inspector pulls you over, they're comparing what your record says you were doing against vehicle data, fuel purchases, scale tickets, and your own account of your movements.
If you've been cited for 395.8F05, the inspector found a gap, inconsistency, or omission in your documented hours that violated the regulation.
What our enforcement data actually shows
Across our 13 million inspection records, 395.8F05 has generated 304 all-time citations and ranks #1081 out of 3,036 FMCSR codes by citation volume. In the last 12 months, we recorded 124 citations nationally, and in the last 90 days, 34 citations. This is a relatively uncommon violation.
The critical metric for you: out-of-service (OOS) enforcement. Our data shows that of the 304 all-time citations for this code, only 1 resulted in an out-of-service order—a 0.3% OOS rate. This means your citation is likely not going to pull you off the road immediately. For context, the all-FMCSR average OOS rate is 31.4%, so 395.8F05 is enforced far more leniently in terms of roadside removal than the typical violation.
Over the last 12 months, the monthly trend shows steady citation activity, ranging from 3 citations (July 2025) to 19 citations (May 2025 and February 2026), with no out-of-service orders issued in any month.
Who gets cited most
Our inspection records show Iowa is the leading state for 395.8F05 citations in the last 180 days, with 60 citations and a 0.0% OOS rate. Illinois follows with 7 citations, also at 0.0% OOS. Both states enforce this code without roadside removal.
At the carrier level, our data shows fleets such as KARGOMITTEN INC and QAL-TEK ASSOCIATES LLC each with 8 citations all-time, followed by K1K TRANS LLC with 7 citations. These numbers reflect the carriers our inspectors have encountered most often for this specific violation, not an indication of systemic safety problems within those companies.
How severe is this compared to similar codes
395.8F05 sits within the hours of service category alongside other record-keeping violations. By comparison:
395.24 (HOS ELD - Form and Manner) is far more commonly cited, with 106,486 all-time citations but an identical 0.0% OOS rate. That code also addresses ELD compliance but is cited roughly 350 times more often than 395.8F05.
395.8E (False record of duty status) is more serious. It carries 83,660 all-time citations and an OOS rate of 9.6%, meaning inspectors pull drivers out of service roughly 1 in 10 times. That violation implies intentional falsification or gross negligence, whereas 395.8F05 is typically a documentation gap.
395.8A1 (Failing to have a record of duty status using the prescribed method) has a punitive 92.9% OOS rate across 52,266 citations. If you had been cited for that code instead, the odds of roadside removal would be very high.
How to avoid it
Before every trip:
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Review your ELD or log for the prior 24 hours. Make sure every transition between duty statuses is recorded and matches your actual location and vehicle data. If you see gaps or misaligned timestamps, correct them on the spot using the vehicle's power-down record or fuel stop documentation.
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Reconcile your location against fuel and meal stops. Our data shows that 392.2RG (operating while fatigued) co-occurs with 395.8F05 in 6 inspections over the past 90 days. Fatigue and poor record-keeping often go hand-in-hand. If you're tired, you're more likely to miss logging a transition or skip a break. Build in regular stops and log them clearly.
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Check your vehicle's telematics if available. Freightliners (90 citations), International (36), Ram (36), Peterbilt (31), and Ford (29) vehicles dominate our 395.8F05 data. Many of these have built-in power and connectivity logs. Align your manual entries with what the vehicle recorded automatically.
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Verify shipping document numbers if using paper or hybrid logs. Our data shows 395.24C2III (driver failed to manually add shipping document number) appears in 5 shared inspections with 395.8F05 in the past 90 days. This suggests inspectors are checking whether your log entries line up with bills of lading. Match them before you roll.
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If your ELD allows automatic editing, don't rely solely on it. The most common co-occurrence is 395.8F12, appearing in 9 shared inspections in the last 90 days. Review what your ELD auto-populated and confirm it's accurate. Assume the inspector will compare your record against the vehicle's data.
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Document any mechanical delays or unscheduled stops immediately. If you pull over for fuel, a tire check, or a breakdown, log it right then. Our data shows 393.95A (emergency equipment defects) and 393.60D (window obstructions) sometimes appear alongside 395.8F05, suggesting vehicles cited for mechanical issues also had hours discrepancies. A clean mechanical record plus clean log entries is your best defense.
You have received a citation, not an out-of-service order. That means you can continue operating while you address the violation. The key is to understand the specific deficiency the inspector noted and correct your record-keeping process going forward.