Violation code

395.8F5HOSM

HOS (Manner) - Driver's record of duty status failed to record truck or tractor and trailer unit number, or license number and state for each 24 hour period. Date

Not in SMSNon-OOS· FMCSA A&I All Violations

395.8F5HOSM is a Driver violation under 49 CFR §395.8F5HOSM. It is not scored in the SMS. Nationally it was cited 1,013 times in the last five years, with an OOS rate of 0.0%.

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National roadside inspection stats

as of 6/20/2026

Inspections

780

that found this code

Violations

1,013

total written

OOS rate

0.0%

0 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.

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Not used in SMS BASIC scoring

Recorded on your inspection report and visible on the PSP, but contributes 0 points to CSA BASIC scores — even if cited Out-of-Service.

Violation group: Driver
Regulation §: 395.8F5HOSM
Severity weight: N/A
Used in SMS: No
Status: Active
Updated: 6/20/2026

Last updated June 2026

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Challenging 395.8F5HOSM through FMCSA DataQs

If this violation was written incorrectly, here are the angles trucking-safety managers use to contest it. Playbook: Driver Fitness.

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

Medical certificate was valid and on file
A valid medical examiner's certificate was in the driver's qualification file and was either not produced at roadside or not properly recognized.
Evidence that wins
- ✓Copy of the valid medical examiner's certificate
- ✓Driver qualification file index
- ✓National Registry verification printout
CDL class / endorsement was correct for the operation
The driver's CDL class and endorsements were correct for the vehicle and cargo being operated.
Evidence that wins
- ✓Copy of the valid CDL with endorsements
- ✓Vehicle registration showing GVWR/configuration
- ✓Bill of lading or shipping papers showing cargo

Common pitfalls — avoid these

⚠A medical certificate that expired the DAY of inspection still fails — there is no grace period

⚡ Draft a challenge for 395.8F5HOSM →Read the DataQs guide first

Other Driver codes

Codes under the same FMCSA violation group

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Frequently asked questions about 395.8F5HOSM

What does violation 395.8F5HOSM mean?

395.8F5HOSM is the FMCSA roadside-inspection violation code for "HOS (Manner) - Driver's record of duty status failed to record truck or tractor and trailer unit number, or license number and state for each 24 hour period. Date", part of the Driver group, cited under 49 CFR §395.8F5HOSM.

What BASIC does 395.8F5HOSM affect?

395.8F5HOSM is not scored in any CSA BASIC. It is recorded on the inspection report and appears on the PSP, but it contributes 0 points to a carrier's SMS BASIC percentiles.

Is 395.8F5HOSM an out-of-service (OOS) violation?

No. 395.8F5HOSM 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 395.8F5HOSM add?

395.8F5HOSM adds 0 CSA points because it is not used in SMS scoring, even when written out of service.

Can 395.8F5HOSM be challenged through DataQs?

Yes. If you believe 395.8F5HOSM 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 395.8F5HOSM Carrier CSA lookup CSA glossary