haulrecordFMCSA data

Violation codes / 395.8E

49 CFR 395 · Hours of service

395.8E

What it means

False report of drivers record of duty status

What the rule actually says

This violation cites 49 CFR 395.8, driver's record of duty status. The regulation reads:

(a)(1) Except for a private motor carrier of passengers (nonbusiness), as defined in § 390.5 of this subchapter, a motor carrier subject to the requirements of this part must require each driver used by the motor carrier to record the driver's duty status for each 24-hour period using the method prescribed in paragraphs (a)(1)(i) through (iii) of this section, as applicable.

(i) Subject to paragraph (a)(1)(ii) of this section, a motor carrier operating commercial motor vehicles must install and require each of its drivers to use an ELD to record the driver's duty status in accordance with subpart B of this part no…

The section continues.

49 CFR 395.8, Driver's record of duty status. 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 recorded49,26311% as often as 393.9, the most cited
How common76thof the 200 most cited codes, out of 2,372 that exist
Regulation395.8Hours of service

How often this comes up

This violation was recorded 49,263 times across the roadside inspections in the FMCSA file, making it the 76th 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.