haulrecordFMCSA data

Violation codes / 395.3A3II

49 CFR 395 · Hours of service

395.3A3II

What it means

Driving beyond 8 hour driving limit since the end of the last on duty, off duty, or sleeper period of at least 30 minutes

What the rule actually says

This violation cites 49 CFR 395.3, maximum driving time for property-carrying vehicles. The regulation reads:

(a) Except as otherwise provided in § 395.1, no motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, unless the driver complies with the following requirements:

(1) Start of work shift. A driver may not drive without first taking 10 consecutive hours off duty;

(2) 14-hour period. A driver may not drive after a period of 14 consecutive hours after coming on-duty following 10 consecutive hours off-duty.

(3) Dr…

The section continues.

49 CFR 395.3, Maximum driving time for property-carrying vehicles. Read the full section on eCFR

Quoted verbatim from the Electronic Code of Federal Regulations. Nothing here is a paraphrase, and nothing here is legal advice on a citation.

Times recorded18,3784% as often as 393.9, the most cited
How common168thof the 200 most cited codes, out of 2,372 that exist
Regulation395.3Hours of service

How often this comes up

This violation was recorded 18,378 times across the roadside inspections in the FMCSA file, making it the 168th most frequently cited code. Whether a given instance puts a vehicle or driver out of service is decided at the roadside by the inspector, not by the code itself, so the same violation can end a trip or simply be noted.

It sits under 49 CFR Part 395, which covers hours of service. To see it in context, look up a carrier and read its inspection history: the same code appearing repeatedly is a different signal from a single occurrence.

Look up a carrier's inspection record

Other hours of service violations

Counts are from the FMCSA Inspections and Violations file via data.transportation.gov. This describes how the violation is recorded, and is not legal advice on a citation.