What 395.8H01 means in plain language
395.8H01 is an Hours of Service violation related to how you record and maintain your duty status. Specifically, this code addresses failures in the method or format you use to document your driving, on-duty, sleeper-berth, and off-duty time.
The regulation requires that your record of duty status — whether you use an electronic logging device (ELD), a logbook, or another approved method — be kept in a specific manner. When an inspector flags 395.8H01, it typically means there's a deficiency in how that record was created, maintained, or presented. This might include incomplete entries, improper formatting, or missing required information in your duty status documentation.
Unlike some Hours of Service violations, this citation does not automatically place you out of service at the roadside. However, it still creates a compliance record that can affect your carrier's safety profile and your own driving history.
What our enforcement data actually shows
Across our 13 million+ inspection records, 395.8H01 has generated 59 all-time citations, with 36 citations in the last 12 months and 11 in the last 90 days. This ranks the code at #1576 of 3,036 FMCSR codes by citation volume — making it a relatively uncommon violation in the grand scheme of roadside enforcement.
The most striking finding: our inspection records show a 0.0% out-of-service rate for 395.8H01. No driver cited for this code in our database was placed out of service at the time of inspection. This stands in sharp contrast to the all-FMCSR average out-of-service rate of 31.4%, indicating that inspectors treat this violation as a recordkeeping issue rather than an immediate safety threat to vehicle operation.
The monthly trend over the past 12 months shows fluctuation, with peaks in October 2025 (6 citations) and March 2026 (6 citations), and lower counts in April, June, and August 2025. This suggests the violation is not trending upward or downward dramatically, but remains a sporadic finding across the trucking population.
Who gets cited most
Iowa leads by a significant margin with 10 citations in the last 180 days, followed by Texas with 6 citations and Illinois with 3 citations. All three states show a 0.0% out-of-service rate, consistent with the national pattern for this code. The geographic spread suggests this violation is not concentrated in any single region or enforcement strategy.
Our data shows that R & RJ HENDERSON TRUCKING COMPANY LLC (USDOT 4114013) appears twice in our all-time database, more frequently than other carriers. The remaining citations are distributed across carriers with single occurrences, including BERGER TRANSFER AND STORAGE INC, WESTERN EXPRESS INC, and XPO LOGISTICS FREIGHT INC. This dispersion indicates the violation is not endemic to any particular fleet size or operational model.
How severe is this compared to similar codes
395.8H01 sits at the lower end of the Hours of Service enforcement spectrum. For context:
395.24 — HOS (ELD) Form and Manner has been cited 106,486 times all-time with a 0.0% out-of-service rate. That code covers broader ELD compliance issues and is roughly 1,800 times more common than 395.8H01.
395.8E — False record of duty status generates 83,660 citations with a 9.6% out-of-service rate. This is a more serious violation — it implies intentional or reckless falsification rather than a mere recordkeeping defect — and results in out-of-service placement roughly 1 in 10 times.
395.8A — Failing to keep records of duty status has 41,341 citations with a 1.3% out-of-service rate. This is a foundational violation (not having a record system at all) and is still cited far more often than 395.8H01, yet rarely triggers out-of-service action.
Your citation for 395.8H01 is administratively significant but operationally minor — it flags a deficiency in how you documented your hours, not a pattern of falsification or a complete absence of records.
How to avoid it
Our inspection records reveal patterns in what violations commonly appear alongside 395.8H01. In the last 90 days, the most frequent co-occurring citations were:
- Inoperable required lamps (393.9) — appearing in 5 shared inspections
- False record of duty status (395.8E) — appearing in 4 shared inspections
- Driver failure to certify ELD accuracy (395.30B1) — appearing in 3 shared inspections
- Portable ELD mounting issues (395.22G) — appearing in 3 shared inspections
These patterns suggest that 395.8H01 citations often occur during inspections triggered by vehicle condition issues or incomplete ELD setup. Here are concrete steps to reduce your risk:
Before every shift:
- Review your ELD display. Ensure your current duty status (Driving, On-Duty, Sleeper-Berth, or Off-Duty) is correctly displayed and matches what you're actually doing at that moment.
- Verify all previous entries are complete. Check that each duty-status change from your last shift is fully recorded with no gaps or missing times.
- Confirm personal conveyance and yard moves are coded correctly. If your ELD supports these modes, ensure you've used them for non-driving work to keep your main driving clock clean.
- Check that your ELD device is mounted and visible. A portable unit must be in a fixed position within your line of sight, not loose on the dashboard or hidden.
During inspection or at any checkpoint:
- Have your records accessible. Know how to display your 7- or 8-day history on your ELD or produce your logbook immediately. Don't fumble or appear uncertain about what you've recorded.
- Be honest about any manual entries. If your ELD required you to manually input a trailer number or add a note about a delay, be ready to explain why and show that the entry is accurate and timely.
- Don't alter records retroactively. Once a duty-status entry is submitted, leave it. Correcting or editing old entries draws scrutiny and can escalate a minor recordkeeping issue into a false-record allegation.
Ongoing fleet or owner-operator practice:
- Use your ELD's editing and annotation tools correctly. Most systems allow you to add notes or request amendments through the system itself. Use these rather than informal workarounds.
- Stay current with your ELD software updates. Older versions may have formatting or transmission bugs that cause entries to appear incomplete or malformed to an inspector's reader.
- If you switch between manual and electronic records, ensure 100% continuity. Any gap or handoff between systems is a red flag for inspectors.
The data shows that 395.8H01 is a recordkeeping precision issue, not a high-severity safety violation. By maintaining a clear, complete, and timely record of your duty status and ensuring your ELD is set up and mounted correctly, you'll eliminate the most common pathways to this citation.