Violation code

395.3B2

Driving after 70 hours on duty in a 8 day period. (Property carrying vehicle)

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

395.3B2 is a Hours violation under 49 CFR §395.3B2. It falls in the Hours-of-Service Compliance BASIC with a severity weight of 7/10. Nationally it was cited 2,811 times in the last five years, with an OOS rate of 64.5%.

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National roadside inspection stats

as of 10/20/2026

Inspections

1,959

that found this code

Violations

2,811

total written

OOS rate

64.5%

1,812 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 §: 395.3B2
Severity weight: 7
Used in SMS: Yes
Status: Active
Updated: 10/20/2026

Last updated October 2026

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Notes

DSMS: Y

What 395.3B2 means — and how to avoid it

In plain English

In plain terms, 395.3B2 is cited for driving after 70 hours on duty in a 8 day 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.

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Challenging 395.3B2 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 395.3B2 →Read the DataQs guide first

More codes in Hours-of-Service Compliance

Same BASIC category — ranked by national citation volume

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Frequently asked questions about 395.3B2

What does violation 395.3B2 mean?

395.3B2 is the FMCSA roadside-inspection violation code for "Driving after 70 hours on duty in a 8 day period. (Property carrying vehicle)", part of the Hours group, cited under 49 CFR §395.3B2.

What BASIC does 395.3B2 affect?

395.3B2 falls under the Hours-of-Service Compliance BASIC in the FMCSA Safety Measurement System (SMS).

What is the CSA severity weight of 395.3B2?

395.3B2 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 395.3B2 an out-of-service (OOS) violation?

No. 395.3B2 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 395.3B2 add to a carrier's score?

The point contribution of 395.3B2 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 395.3B2?

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 395.3B2 be challenged through DataQs?

Yes. If you believe 395.3B2 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 395.3B2 Hours-of-Service Compliance BASIC Carrier CSA lookup CSA glossary

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