Driving after 70 hours on duty in a 8 day period. (Passenger carrying vehicle)
Hours-of-Service Compliance7Non-OOS· SMS Appendix A v3.20
395.5B2-PASS is a Hours violation under 49 CFR §395.5B2-PASS. It falls in the Hours-of-Service Compliance BASIC with a severity weight of 7/10. Nationally it was cited 25 times in the last five years, with an OOS rate of 88.0%.
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National roadside inspection stats
as of 6/20/2026
Inspections
24
that found this code
Violations
25
total written
OOS rate
88.0%
22 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 §
395.5B2-PASS
Severity weight
7
Used in SMS
Yes
Status
Active
Updated
6/20/2026
Last updated June 2026
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Think this violation was written incorrectly?
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If this violation was written incorrectly, here are the angles trucking-safety managers use to contest it. Playbook: Hours of Service.
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
395.5B2-PASS is the FMCSA roadside-inspection violation code for "Driving after 70 hours on duty in a 8 day period. (Passenger carrying vehicle)", part of the Hours group, cited under 49 CFR §395.5B2-PASS.
What BASIC does 395.5B2-PASS affect?
395.5B2-PASS falls under the Hours-of-Service Compliance BASIC in the FMCSA Safety Measurement System (SMS).
What is the CSA severity weight of 395.5B2-PASS?
395.5B2-PASS 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 395.5B2-PASS an out-of-service (OOS) violation?
No. 395.5B2-PASS 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 395.5B2-PASS add to a carrier's score?
The point contribution of 395.5B2-PASS 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 395.5B2-PASS be challenged through DataQs?
Yes. If you believe 395.5B2-PASS 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.