HOS (Property) - Tampering with an ELD so that the device
does not accurately record and retain required data
Hours-of-Service Compliance7OOS· User submission
395.8E-HOSPDELDT is an FMCSA roadside inspection violation. It falls in the Hours-of-Service Compliance BASIC with a severity weight of 7/10 and is an out-of-service violation. Nationally it was cited 2,151 times in the last five years, with an OOS rate of 83.9%.
📊
National roadside inspection stats
as of 6/20/2026
Inspections
1,111
that found this code
Violations
2,151
total written
OOS rate
83.9%
1,804 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
—
Regulation §
—
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 395.8E-HOSPDELDT 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 § 395.8
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
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
395.8E-HOSPDELDT is the FMCSA roadside-inspection violation code for "HOS (Property) - Tampering with an ELD so that the device
does not accurately record and retain required data".
What BASIC does 395.8E-HOSPDELDT affect?
395.8E-HOSPDELDT falls under the Hours-of-Service Compliance BASIC in the FMCSA Safety Measurement System (SMS).
What is the CSA severity weight of 395.8E-HOSPDELDT?
395.8E-HOSPDELDT 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 395.8E-HOSPDELDT an out-of-service (OOS) violation?
Yes. 395.8E-HOSPDELDT is an out-of-service violation, meaning the driver or vehicle can be placed out of service at the roadside until the issue is corrected. OOS violations also add an extra severity point in SMS scoring.
How many CSA points does 395.8E-HOSPDELDT add to a carrier's score?
The point contribution of 395.8E-HOSPDELDT 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 395.8E-HOSPDELDT be challenged through DataQs?
Yes. If you believe 395.8E-HOSPDELDT 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.