Violation code

395.8(k)(2)

Driver failing to retain previous 7 days records of duty status

Hours-of-Service Compliance5Non-OOS· SMS Appendix A v3.20

395.8(k)(2) is a Incomplete/Wrong Log violation under 49 CFR §395.8(k)(2). It falls in the Hours-of-Service Compliance BASIC with a severity weight of 5/10. Nationally it was cited 26,115 times in the last five years, with an OOS rate of 90.9%.

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National roadside inspection stats

as of 6/20/2026

Inspections

25,890

that found this code

Violations

26,115

total written

OOS rate

90.9%

23,751 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: Incomplete/Wrong Log
Regulation §: 395.8(k)(2)
Severity weight: 5
Used in SMS: Yes
Status: Active
Updated: 6/20/2026

Last updated June 2026

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Notes

DSMS: Y

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Challenging 395.8(k)(2) 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 § 395.8

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

⚡ Draft a challenge for 395.8(k)(2) →Read the DataQs guide first

More codes in Hours-of-Service Compliance

Same BASIC category — ranked by national citation volume

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Other Incomplete/Wrong Log codes

Codes under the same FMCSA violation group

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Frequently asked questions about 395.8(k)(2)

What does violation 395.8(k)(2) mean?

395.8(k)(2) is the FMCSA roadside-inspection violation code for "Driver failing to retain previous 7 days records of duty status", part of the Incomplete/Wrong Log group, cited under 49 CFR §395.8(k)(2).

What BASIC does 395.8(k)(2) affect?

395.8(k)(2) falls under the Hours-of-Service Compliance BASIC in the FMCSA Safety Measurement System (SMS).

What is the CSA severity weight of 395.8(k)(2)?

395.8(k)(2) carries a severity weight of 5 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 395.8(k)(2) an out-of-service (OOS) violation?

No. 395.8(k)(2) 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 395.8(k)(2) add to a carrier's score?

The point contribution of 395.8(k)(2) depends on its severity weight (5/10) 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 395.8(k)(2) be challenged through DataQs?

Yes. If you believe 395.8(k)(2) 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 395.8(k)(2)Hours-of-Service Compliance BASIC Carrier CSA lookup CSA glossary

395.8(k)(2)

National roadside inspection stats

Challenging 395.8(k)(2) through FMCSA DataQs

ELD malfunction or edit-history defect

Time was Personal Conveyance, not driving

Adverse driving conditions exception

Sleeper-berth split timing