Violation code

395.3A2-PROP

Driving beyond 14 hour duty period (Property carrying vehicle)

Hours-of-Service Compliance7Non-OOS· SMS Appendix A v3.20

395.3A2-PROP is a Hours violation under 49 CFR §395.3A2-PROP. It falls in the Hours-of-Service Compliance BASIC with a severity weight of 7/10. Nationally it was cited 41,108 times in the last five years, with an OOS rate of 23.5%.

📊

National roadside inspection stats

as of 9/20/2026

Inspections

32,962

that found this code

Violations

41,108

total written

OOS rate

23.5%

9,676 OOS

Source: FMCSA roadside inspection data (last 5 years). The OOS rate is the share of these violations that led the officer to mark the driver or vehicle out of service.

Violation group: Hours
Regulation §: 395.3A2-PROP
Severity weight: 7
Used in SMS: Yes
Status: Active
Updated: 9/20/2026

Last updated September 2026

⚡

Think this violation was written incorrectly?

Generate a polished DataQs challenge letter for 395.3A2-PROP in about 5 seconds. AI quotes the CFR, predicts your grant chance.

⚡ Draft a challenge →

Notes

DSMS: Y

What 395.3A2-PROP means — and how to avoid it

In plain English

In plain terms, 395.3A2-PROP is cited for driving beyond 14 hour duty period (Property carrying vehicle). It falls under the FMCSA rules on hours of service and logging.

What the inspector checks

•Current and prior-7-day records of duty status
•ELD present, functioning, and logged in with correct data
•Form-and-manner: no false, missing, or out-of-order logs
•11/14-hour and 60/70-hour limits

How to prevent it

✓Log in and annotate the ELD correctly every day; fix edits promptly
✓Never falsify — a false log is one of the highest-severity violations
✓Plan trips around your available hours and keep supporting docs

How it affects your CSA

up to 21 pts (fresh)

Severity 7/10. A fresh citation counts at the 3× time weight — up to 21 points toward the Hours-of-Service Compliance BASIC — then tapers to 2× after 6 months and 1× after a year, dropping off the score at 24 months.

General guidance from the violation’s FMCSA classification — not legal advice, and not a substitute for the inspector’s findings or 49 CFR.

📚

Challenging 395.3A2-PROP through FMCSA DataQs

If this violation was written incorrectly, here are the angles trucking-safety managers use to contest it. Playbook: Hours of Service.

Relevant 49 CFR49 CFR § 395.3

Maximum driving time for property-carrying vehicles

“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: more than 11 cumulative hours following 10 consecutive hours off duty; or after the end of the 14th consecutive hour after coming on duty.”

Common ways to challenge this code

ELD malfunction or edit-history defect
The ELD device produced or recorded incorrect duty-status data because of a malfunction, time-zone defect, or edit-history that overwrites driver entries.
Evidence that wins
- ✓ELD malfunction report (date stamped)
- ✓ELD edit history export covering the day of inspection
- ✓Manufacturer support ticket or replacement record
Time was Personal Conveyance, not driving
The duty time the officer flagged was actually Personal Conveyance under FMCSA Regulatory Guidance, and qualifies as off-duty.
Evidence that wins
- ✓ELD record showing Personal Conveyance status
- ✓Trip context (driver heading home / to lodging after relief)
- ✓Carrier Personal Conveyance policy
Adverse driving conditions exception
Driving time exceeded the 11-hour limit because adverse driving conditions extended the maximum driving window by up to 2 hours under §395.1(b)(1).
Evidence that wins
- ✓Weather report or road-closure record for the route
- ✓Driver's contemporaneous note in the log
- ✓Dispatch / load record showing planned arrival before adverse conditions
Sleeper-berth split timing
A 7/3 or 8/2 sleeper-berth split was correctly applied and resets the 14-hour driving window, but was scored as a continuous driving violation.
Evidence that wins
- ✓ELD record showing the two sleeper berth periods
- ✓Time-stamped duty-status changes

Common pitfalls — avoid these

⚠Submitting screenshots instead of the official ELD-mandated data file export
⚠Not asking for the ELD-edit-suggestions log that the driver may have rejected

⚡ Draft a challenge for 395.3A2-PROP →Read the DataQs guide first

More codes in Hours-of-Service Compliance

Same BASIC category — ranked by national citation volume

View all Hours-of-Service Compliance codes →

❓

Frequently asked questions about 395.3A2-PROP

What does violation 395.3A2-PROP mean?

395.3A2-PROP is the FMCSA roadside-inspection violation code for "Driving beyond 14 hour duty period (Property carrying vehicle)", part of the Hours group, cited under 49 CFR §395.3A2-PROP.

What BASIC does 395.3A2-PROP affect?

395.3A2-PROP falls under the Hours-of-Service Compliance BASIC in the FMCSA Safety Measurement System (SMS).

What is the CSA severity weight of 395.3A2-PROP?

395.3A2-PROP carries a severity weight of 7 out of 10. Higher weights indicate violations more closely tied to crash risk, and they count more toward a carrier's Hours-of-Service Compliance score.

Is 395.3A2-PROP an out-of-service (OOS) violation?

No. 395.3A2-PROP is not an out-of-service violation, so on its own it does not trigger an out-of-service order at the roadside.

How many CSA points does 395.3A2-PROP add to a carrier's score?

The point contribution of 395.3A2-PROP depends on its severity weight (7/10) multiplied by a time weight of 3, 2, or 1 based on how recent the inspection is. You can calculate the exact contribution with the CSA points calculator.

How can a driver prevent 395.3A2-PROP?

Log in and annotate the ELD correctly every day; fix edits promptly; Never falsify — a false log is one of the highest-severity violations; Plan trips around your available hours and keep supporting docs.

Can 395.3A2-PROP be challenged through DataQs?

Yes. If you believe 395.3A2-PROP was recorded in error, you can file a Request for Data Review (RDR) through the FMCSA DataQs system with supporting evidence. A successful challenge can remove or correct the violation on your record.

Keep going

CSA points calculator How to challenge a violation Draft a DataQs letter for 395.3A2-PROP Hours-of-Service Compliance BASIC Carrier CSA lookup CSA glossary

Turn this violation into a training moment

Assign training on this exact topic — and prove it

Looking up a code is step one. FleetTrained — built by the same safety manager behind VioCodes — lets you assign a video on this topic; drivers quiz and sign in their language, and you get a DOT-ready certificate so it stops happening.