395.8E

395.8E Violation: False Record of Duty Status

A driver’s record of duty status was recorded as false because the logged status, location, time, or activity did not match other evidence.

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Plain-English answer

What does violation code 395.8E mean?

A driver’s record of duty status was recorded as false because the logged status, location, time, or activity did not match other evidence.

Why carriers pay attention

How 395.8E can affect a trucking safety record

False-log violations are serious and frequently out of service. A disagreement with the inspector is not enough; the carrier must reconcile the electronic log with objective supporting records.

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 395.8E inspection situations

  • Fuel, toll, dispatch, GPS, inspection, or shipping records conflict with the driver’s ELD entry.

  • An unidentified-driving event or team-driver activity is assigned to the wrong driver.

DataQ review

When a 395.8E 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 supporting record was interpreted in the wrong time zone or assigned to the wrong vehicle or driver.
  • A compliant edit, annotation, personal-conveyance period, or team-driver event explains the apparent conflict.
  • The report identifies the wrong date, duty-status segment, or inspection code.

Evidence to collect

  • Original ELD output with edit and annotation history
  • GPS, fuel, toll, dispatch, and shipping records on one timeline
  • Driver and carrier statements explaining the specific discrepancy
Compliance expert review

Not sure whether 395.8E 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

395.8E violation FAQ

What does a 395.8E violation mean?

A driver’s record of duty status was recorded as false because the logged status, location, time, or activity did not match other evidence.

Which FMCSA SMS BASIC is associated with 395.8E?

Code 395.8E 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 395.8E 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 395.8E finding was wrong.

What evidence helps review a 395.8E violation?

Useful evidence may include original eld output with edit and annotation history, gps, fuel, toll, dispatch, and shipping records on one timeline, driver and carrier statements explaining the specific discrepancy. The best evidence is tied to the cited vehicle, driver, location, and inspection time.

Keep reviewing

Related DOT violation codes

View all violation guides
395.8AELDNo Record of Duty Status When ELD RequiredELD 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.