395.8AELD

395.8AELD Violation: No Record of Duty Status When ELD Required

A driver who was required to use an electronic logging device was recorded without an available record of duty status.

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Plain-English answer

What does violation code 395.8AELD mean?

A driver who was required to use an electronic logging device was recorded without an available record of duty status.

Why carriers pay attention

How 395.8AELD can affect a trucking safety record

This code can produce an out-of-service condition. Review should first establish whether the driver was subject to the ELD requirement and whether compliant records were available for transfer or display.

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 395.8AELD inspection situations

  • The driver cannot display or transfer the required ELD records during inspection.

  • The inspector and driver disagree about an ELD exemption or short-haul status.

DataQ review

When a 395.8AELD 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 driver qualified for a documented ELD exception on the inspection date.
  • Records were available but the transfer method, account, or vehicle was misidentified.
  • The report uses an ELD-required code when a different recordkeeping rule applied.

Evidence to collect

  • ELD output and transfer confirmation for the inspection period
  • Documents supporting any claimed ELD exception
  • Time records, dispatch history, and operating-radius documentation
Compliance expert review

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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

395.8AELD violation FAQ

What does a 395.8AELD violation mean?

A driver who was required to use an electronic logging device was recorded without an available record of duty status.

Which FMCSA SMS BASIC is associated with 395.8AELD?

Code 395.8AELD 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 395.8AELD 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 395.8AELD finding was wrong.

What evidence helps review a 395.8AELD violation?

Useful evidence may include eld output and transfer confirmation for the inspection period, documents supporting any claimed eld exception, time records, dispatch history, and operating-radius documentation. 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 service395.8Record of Duty Status Form and MannerELD 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.