395.8

395.8 Violation: Record of Duty Status Form and Manner

A driver’s record of duty status was recorded with missing, incomplete, or improperly formatted required information.

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Plain-English answer

What does violation code 395.8 mean?

A driver’s record of duty status was recorded with missing, incomplete, or improperly formatted required information.

Why carriers pay attention

How 395.8 can affect a trucking safety record

A form-and-manner issue differs from a false log or missing record. The exact omitted field or certification problem should be identified so the carrier reviews the correct allegation.

FMCSA inspection data can flow into the Safety Measurement System used to organize carrier performance into Behavior Analysis and Safety Improvement Categories, commonly called FMCSA SMS BASICs. The carrier should verify the inspection, the assigned BASIC, and whether the violation is included in the official calculation.

How it gets cited

Common 395.8 inspection situations

  • Required location, carrier, vehicle, shipping-document, annotation, or certification information is incomplete.

  • The inspection code is used generally even though the ELD data contains the information.

DataQ review

When a 395.8 violation may deserve a closer look

A DataQ challenge should identify a specific factual or legal error in the inspection data. These are review questions—not assumptions that the violation should be removed.

Potential review angles

  • The allegedly missing information appears in the original ELD output or required supporting record.
  • The report describes a different violation than the code selected.
  • A system display or transfer issue concealed information that was properly recorded.

Evidence to collect

  • Original ELD file and printable display for the cited date
  • Driver certification and edit-history records
  • Inspection notes naming the specific missing field
Compliance expert review

Not sure whether 395.8 belongs on your record?

We'll review the violation details, identify evidence gaps, and explain whether the facts may support a DataQ challenge.

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DataQs changes in 2026

A stronger review process still requires a stronger record.

FMCSA’s 2026 DataQs overhaul adds independent review stages, decision deadlines, and more detailed explanations. Carriers still carry the burden of identifying the error and supporting the requested correction.

See the 2026 DataQs changes
Frequently asked questions

395.8 violation FAQ

What does a 395.8 violation mean?

A driver’s record of duty status was recorded with missing, incomplete, or improperly formatted required information.

Which FMCSA SMS BASIC is associated with 395.8?

Code 395.8 is commonly associated with the Hours-of-Service Compliance BASIC in the FMCSA Safety Measurement System. Inclusion and weighting should be confirmed on the carrier’s official record.

Can a trucking company challenge a 395.8 violation?

A carrier may submit an FMCSA DataQs Request for Data Review when the underlying inspection data is incomplete or incorrect. A repair made after the inspection does not by itself prove the original 395.8 finding was wrong.

What evidence helps review a 395.8 violation?

Useful evidence may include original eld file and printable display for the cited date, driver certification and edit-history records, inspection notes naming the specific missing field. The best evidence is tied to the cited vehicle, driver, location, and inspection time.

Keep reviewing

Related DOT violation codes

View all violation guides
395.8EFalse Record of Duty StatusELD and hours of service395.8AELDNo Record of Duty Status When ELD RequiredELD and hours of service395.22GPortable ELD Not Properly MountedELD and hours of service395.3A3IDriving Beyond the 11-Hour LimitHours of service

Source references: 49 CFR 395.8 and FMCSA roadside inspection data. This guide is general information and does not guarantee a DataQs outcome or replace legal advice.