Violation code

395.8HHOSM

HOS (Manner) - Driver's record of duty status failed to have a continuous line between appropriate time marker(s). Date:

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

395.8HHOSM is a Driver violation under 49 CFR §395.8HHOSM. It is not scored in the SMS. Nationally it was cited 193 times in the last five years, with an OOS rate of 0.0%.

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National roadside inspection stats

as of 9/20/2026

Inspections

171

that found this code

Violations

193

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 §: 395.8HHOSM
Severity weight: N/A
Used in SMS: No
Status: Active
Updated: 9/20/2026

Last updated September 2026

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What 395.8HHOSM means — and how to avoid it

In plain English

In plain terms, 395.8HHOSM is cited for hOS (Manner) - Driver's record of duty status failed to have a continuous line between appropriate time marker(s). Date:. It falls under the FMCSA rules on hours of service and logging.

What the inspector checks

•Required lamps present, clean, and working — headlamps, tail, stop, turn, marker
•Reflective sheeting/reflectors intact
•Trailer cord and connections making contact

How to prevent it

✓Walk the lights on every pre-trip (have someone confirm brake/turn)
✓Carry spare bulbs/fuses and swap a dead lamp before rolling
✓Clean lenses and check the trailer plug for corrosion

How it affects your CSA

0 CSA points

395.8HHOSM 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 395.8HHOSM 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 395.8HHOSM →Read the DataQs guide first

Other Driver codes

Codes under the same FMCSA violation group

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Frequently asked questions about 395.8HHOSM

What does violation 395.8HHOSM mean?

395.8HHOSM is the FMCSA roadside-inspection violation code for "HOS (Manner) - Driver's record of duty status failed to have a continuous line between appropriate time marker(s). Date:", part of the Driver group, cited under 49 CFR §395.8HHOSM.

What BASIC does 395.8HHOSM affect?

395.8HHOSM 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 395.8HHOSM an out-of-service (OOS) violation?

No. 395.8HHOSM 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 395.8HHOSM add?

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

How can a driver prevent 395.8HHOSM?

Walk the lights on every pre-trip (have someone confirm brake/turn); Carry spare bulbs/fuses and swap a dead lamp before rolling; Clean lenses and check the trailer plug for corrosion.

Can 395.8HHOSM be challenged through DataQs?

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

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