Violation code

395.22F

Motor carrier failed to ensure that an ELD is calibrated and maintained in accordance with the provider's specifications. The electronic logging device was not up

Not in SMSOOS· FMCSA A&I All Violations

395.22F is a Driver violation under 49 CFR §395.22F. It is an out-of-service violation; it is not scored in the SMS. Nationally it was cited 485 times in the last five years, with an OOS rate of 0.6%.

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National roadside inspection stats

as of 6/20/2026

Inspections

484

that found this code

Violations

485

total written

OOS rate

0.6%

3 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 §: 395.22F
Severity weight: N/A
Used in SMS: No
Status: Active
Updated: 6/20/2026

Last updated June 2026

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Challenging 395.22F 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 § 395.22

Motor carrier responsibilities — ELDs

“A motor carrier must ensure that its drivers use an ELD to record the driver's record of duty status, except for drivers permitted to use paper records of duty status or grandfathered AOBRDs in accordance with §395.8.”

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 395.22F →Read the DataQs guide first

Other Driver codes

Codes under the same FMCSA violation group

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Frequently asked questions about 395.22F

What does violation 395.22F mean?

395.22F is the FMCSA roadside-inspection violation code for "Motor carrier failed to ensure that an ELD is calibrated and maintained in accordance with the provider's specifications. The electronic logging device was not up", part of the Driver group, cited under 49 CFR §395.22F.

What BASIC does 395.22F affect?

395.22F 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 395.22F an out-of-service (OOS) violation?

Yes. 395.22F 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 395.22F add?

395.22F adds 0 CSA points because it is not used in SMS scoring, even when written out of service.

Can 395.22F be challenged through DataQs?

Yes. If you believe 395.22F 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 395.22F Carrier CSA lookup CSA glossary