Violation code

395.8E1PC

HOS - False record of duty status driver improper use of Personal Conveyance - Not OOS

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

395.8E1PC is a False Log violation under 49 CFR §395.8E1PC. It falls in the Hours-of-Service Compliance BASIC with a severity weight of 7/10. Nationally it was cited 54,472 times in the last five years, with an OOS rate of 21.8%.

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National roadside inspection stats

as of 6/20/2026

Inspections

40,862

that found this code

Violations

54,472

total written

OOS rate

21.8%

11,876 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: False Log
Regulation §: 395.8E1PC
Severity weight: 7
Used in SMS: Yes
Status: Active
Updated: 6/20/2026

Last updated June 2026

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Notes

DSMS: Y | Comment: Added in 3.12; updated description in 3.19 | Footnote: This violation was added to SMS with the August 27, 2021 snapshot; the description for this violation was updated in SMS with the September 27, 2024 snapshot.

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Challenging 395.8E1PC 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 395.8E1PC →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 False Log codes

Codes under the same FMCSA violation group

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Frequently asked questions about 395.8E1PC

What does violation 395.8E1PC mean?

395.8E1PC is the FMCSA roadside-inspection violation code for "HOS - False record of duty status driver improper use of Personal Conveyance - Not OOS", part of the False Log group, cited under 49 CFR §395.8E1PC.

What BASIC does 395.8E1PC affect?

395.8E1PC falls under the Hours-of-Service Compliance BASIC in the FMCSA Safety Measurement System (SMS).

What is the CSA severity weight of 395.8E1PC?

395.8E1PC 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 395.8E1PC an out-of-service (OOS) violation?

No. 395.8E1PC 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 395.8E1PC add to a carrier's score?

The point contribution of 395.8E1PC 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 395.8E1PC be challenged through DataQs?

Yes. If you believe 395.8E1PC 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 395.8E1PC Hours-of-Service Compliance BASIC Carrier CSA lookup CSA glossary

395.8E1PC

National roadside inspection stats

Challenging 395.8E1PC through FMCSA DataQs

ELD malfunction or edit-history defect

Time was Personal Conveyance, not driving

Adverse driving conditions exception

Sleeper-berth split timing