Hours-of-Service Compliance7Non-OOS· SMS Appendix A v3.20
395.3A2R is a Hours violation under 49 CFR §395.3A2R. It falls in the Hours-of-Service Compliance BASIC with a severity weight of 7/10. Nationally it was cited 48 times in the last five years, with an OOS rate of 22.9%.
📊
National roadside inspection stats
as of 6/20/2026
Inspections
42
that found this code
Violations
48
total written
OOS rate
22.9%
11 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 §
395.3A2R
Severity weight
7
Used in SMS
Yes
Status
Active
Updated
6/20/2026
Last updated June 2026
⚡
Think this violation was written incorrectly?
Generate a polished DataQs challenge letter for 395.3A2R in about 5 seconds. AI quotes the CFR, predicts your grant chance.
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
395.3A2R is the FMCSA roadside-inspection violation code for "14 hour rule violation (Property)", part of the Hours group, cited under 49 CFR §395.3A2R.
What BASIC does 395.3A2R affect?
395.3A2R falls under the Hours-of-Service Compliance BASIC in the FMCSA Safety Measurement System (SMS).
What is the CSA severity weight of 395.3A2R?
395.3A2R 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 395.3A2R an out-of-service (OOS) violation?
No. 395.3A2R 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 395.3A2R add to a carrier's score?
The point contribution of 395.3A2R 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 395.3A2R be challenged through DataQs?
Yes. If you believe 395.3A2R 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.