Violation code

395.3A1-HOSPD

HOS (Property) - Driving more than 11 hours following 10 consecutive hours off duty during the current 8 consecutive day period. Date and Time:

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

395.3A1-HOSPD is a Hours violation under 49 CFR §395.3A1-HOSPD. It falls in the Hours-of-Service Compliance BASIC with a severity weight of 7/10. Nationally it was cited 27,901 times in the last five years, with an OOS rate of 7.5%.

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National roadside inspection stats

as of 6/20/2026

Inspections

21,043

that found this code

Violations

27,901

total written

OOS rate

7.5%

2,095 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 §: 395.3A1-HOSPD
Severity weight: 7
Used in SMS: Yes
Status: Active
Updated: 6/20/2026

Last updated June 2026

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Notes

DSMS: Y | Comment: Added in 3.15 | Footnote: As of February 1, 2023, the violations in this table are included in SMS. Only violations cited on or after February 1 are included in SMS calculations. This update aligns SMS with how violations are being cited in a new software used for roadside inspections.

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Challenging 395.3A1-HOSPD 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 395.3A1-HOSPD →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 →

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Frequently asked questions about 395.3A1-HOSPD

What does violation 395.3A1-HOSPD mean?

395.3A1-HOSPD is the FMCSA roadside-inspection violation code for "HOS (Property) - Driving more than 11 hours following 10 consecutive hours off duty during the current 8 consecutive day period. Date and Time:", part of the Hours group, cited under 49 CFR §395.3A1-HOSPD.

What BASIC does 395.3A1-HOSPD affect?

395.3A1-HOSPD falls under the Hours-of-Service Compliance BASIC in the FMCSA Safety Measurement System (SMS).

What is the CSA severity weight of 395.3A1-HOSPD?

395.3A1-HOSPD 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 395.3A1-HOSPD an out-of-service (OOS) violation?

No. 395.3A1-HOSPD 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 395.3A1-HOSPD add to a carrier's score?

The point contribution of 395.3A1-HOSPD 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.

Can 395.3A1-HOSPD be challenged through DataQs?

Yes. If you believe 395.3A1-HOSPD 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 395.3A1-HOSPD Hours-of-Service Compliance BASIC Carrier CSA lookup CSA glossary

395.3A1-HOSPD

National roadside inspection stats

Challenging 395.3A1-HOSPD through FMCSA DataQs

ELD malfunction or edit-history defect

Time was Personal Conveyance, not driving

Adverse driving conditions exception

Sleeper-berth split timing