Violation codes / 395.8E1PC
49 CFR 395 · Hours of service395.8E1PC
HOS - False record of duty status driver improper use of Personal Conveyance - Not OOS
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.
How often this comes up
This violation was recorded 22,587 times across the roadside inspections in the FMCSA file, making it the 143rd 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
- 395.24 HOS (ELD) - ELD Form and Manner
- 395.8E-HOSPD HOS (Property) - No driver may make a false …
- 395.30B1-ELDDFR HOS (ELD) - Driver failing to review records…
- 395.8A1-HOSP HOS (Property) - Failing to have a record of…
- 395.8A HOS (Form) - Paper Log/Logging Programs Form…
- 395.8E False report of drivers record of duty statu…
- 395.30B2-ELDDFC24 HOS (ELD) - Driver failing to certify the re…
- 395.3A2-HOSPD HOS (Property) - Driving beyond the 14 hour …
- 395.8E-HOSPDOOS HOS (Property) - Driver produces a false rec…
- 395.22H4-ELDBRODS HOS (ELD) - In-Vehicle Information - Failing…
- 395.3A1-HOSPD HOS (Property) - Driving more than 11 hours …
- 395.22G-ELDMFV HOS (ELD) - A portable ELD is not mounted in…
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.