Violation code

395.1O

16 hour rule violation (Property)

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

395.1O is a Driver violation under 49 CFR §395.1O. It is not scored in the SMS. Nationally it was cited 2 times in the last five years, with an OOS rate of 0.0%.

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National roadside inspection stats

as of 9/20/2026

Inspections

that found this code

Violations

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 §: 395.1O
Severity weight: N/A
Used in SMS: No
Status: Active
Updated: 9/20/2026

Last updated September 2026

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What 395.1O means — and how to avoid it

In plain English

In plain terms, 395.1O is cited for 16 hour rule violation (Property). It falls under the FMCSA rules on hours of service and logging.

What the inspector checks

•Duty-status records for today and the prior 7 days
•ELD function and correct data entry
•Driving-limit compliance

How to prevent it

✓Keep the ELD accurate and annotated
✓Plan around available hours
✓Never falsify a log

How it affects your CSA

0 CSA points

395.1O is not scored in the SMS. It adds 0 CSA points — even if written out-of-service — but it still appears on the inspection report and the driver’s PSP.

General guidance from the violation’s FMCSA classification — not legal advice, and not a substitute for the inspector’s findings or 49 CFR.

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Challenging 395.1O through FMCSA DataQs

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

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 395.1O →Read the DataQs guide first

Other Driver codes

Codes under the same FMCSA violation group

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Frequently asked questions about 395.1O

What does violation 395.1O mean?

395.1O is the FMCSA roadside-inspection violation code for "16 hour rule violation (Property)", part of the Driver group, cited under 49 CFR §395.1O.

What BASIC does 395.1O affect?

395.1O 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 395.1O an out-of-service (OOS) violation?

No. 395.1O 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 395.1O add?

395.1O adds 0 CSA points because it is not used in SMS scoring, even when written out of service.

How can a driver prevent 395.1O?

Keep the ELD accurate and annotated; Plan around available hours; Never falsify a log.

Can 395.1O be challenged through DataQs?

Yes. If you believe 395.1O 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 395.1O Carrier CSA lookup CSA glossary

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