Violation code

395.8F12HOSM

HOS (Manner) - Driver's record of duty status failed to record shipping document number(s) or name of shipper and commodity for each 24 hour period. Date:

Not in SMSNon-OOS· FMCSA A&I All Violations

395.8F12HOSM is a Driver violation under 49 CFR §395.8F12HOSM. It is not scored in the SMS. Nationally it was cited 3,417 times in the last five years, with an OOS rate of 0.0%.

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National roadside inspection stats

as of 8/20/2026

Inspections

2,799

that found this code

Violations

3,417

total written

OOS rate

0.0%

0 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.

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Not used in SMS BASIC scoring

Recorded on your inspection report and visible on the PSP, but contributes 0 points to CSA BASIC scores — even if cited Out-of-Service.

Violation group: Driver
Regulation §: 395.8F12HOSM
Severity weight: N/A
Used in SMS: No
Status: Active
Updated: 8/20/2026

Last updated August 2026

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What 395.8F12HOSM means — and how to avoid it

In plain English

In plain terms, 395.8F12HOSM is cited for hOS (Manner) - Driver's record of duty status failed to record shipping document number(s) or name of shipper and commodity for each 24 hour period. Date:. 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

0 CSA points

395.8F12HOSM is not scored in the SMS. It adds 0 CSA points — even if written out-of-service — but it still appears on the inspection report and the driver’s PSP.

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

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Challenging 395.8F12HOSM through FMCSA DataQs

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

Relevant 49 CFR49 CFR § 395.8

Driver's record of duty status

“Every motor carrier shall require every driver used by the motor carrier to record his/her duty status, in duplicate, for each 24-hour period using an automatic on-board recording device, electronic logging device, or — for drivers operating under one of the exceptions in §395.8(a)(1)(iii) — by other means.”

Common ways to challenge this code

Medical certificate was valid and on file
A valid medical examiner's certificate was in the driver's qualification file and was either not produced at roadside or not properly recognized.
Evidence that wins
- ✓Copy of the valid medical examiner's certificate
- ✓Driver qualification file index
- ✓National Registry verification printout
CDL class / endorsement was correct for the operation
The driver's CDL class and endorsements were correct for the vehicle and cargo being operated.
Evidence that wins
- ✓Copy of the valid CDL with endorsements
- ✓Vehicle registration showing GVWR/configuration
- ✓Bill of lading or shipping papers showing cargo

Common pitfalls — avoid these

⚠A medical certificate that expired the DAY of inspection still fails — there is no grace period

⚡ Draft a challenge for 395.8F12HOSM →Read the DataQs guide first

Other Driver codes

Codes under the same FMCSA violation group

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Frequently asked questions about 395.8F12HOSM

What does violation 395.8F12HOSM mean?

395.8F12HOSM is the FMCSA roadside-inspection violation code for "HOS (Manner) - Driver's record of duty status failed to record shipping document number(s) or name of shipper and commodity for each 24 hour period. Date:", part of the Driver group, cited under 49 CFR §395.8F12HOSM.

What BASIC does 395.8F12HOSM affect?

395.8F12HOSM is not scored in any CSA BASIC. It is recorded on the inspection report and appears on the PSP, but it contributes 0 points to a carrier's SMS BASIC percentiles.

Is 395.8F12HOSM an out-of-service (OOS) violation?

No. 395.8F12HOSM 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 395.8F12HOSM add?

395.8F12HOSM adds 0 CSA points because it is not used in SMS scoring, even when written out of service.

How can a driver prevent 395.8F12HOSM?

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 395.8F12HOSM be challenged through DataQs?

Yes. If you believe 395.8F12HOSM 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 395.8F12HOSM Carrier CSA lookup CSA glossary

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