Violation codeHours of Service

§395.8(e)

False record of duty status

49 CFR §395.8(e)

Falsifying a record of duty status. Severity weight 7 in the HOS Compliance BASIC and one of the highest-risk findings on a compliance review — it's evidence the carrier knowingly tolerates HOS abuse.

At a glance

Severity
7
OOS eligible
No
BASIC category
Hours-of-Service Compliance
Typical fine
Up to $15,846 per offense (knowing falsification); pattern findings can trigger conditional/unsatisfactory rating

§395.8(e) prohibits any person from preparing or causing to be prepared a false record of duty status. Common findings include falsified driving-time entries, unassigned-driving events ignored, and ELD edits that misrepresent on-duty status. ELD logs leave a forensic trail; "auto-edits" and "yard moves" used to mask driving time get found.

Severity weight + audit consequences

Severity weight 7 — high for the HOS Compliance BASIC. More damaging at audit: a pattern of false logs is §390.35 falsification territory, and false or missing records across 51% or more of examined logs triggers the §385.321(b) automatic failure for §395.8(a).

Driver consequences

A first conviction for §395.8(e) falsification is a §383.51(b)(2) "serious traffic violation" — 60-day CDL disqualification on second conviction within 3 years.

How to prevent it

  • Review unassigned-driving events monthly. Reassign or document them.
  • Audit ELD edit history quarterly. Unusual patterns (drivers who never go on-duty before driving, edits that bring duty cycles under §395.3 limits) are the tell.
  • Don't dispatch loads that mathematically require an HOS violation.
  • Train drivers that "yard move" and "personal conveyance" are narrowly defined and recorded — abuse is a §395.8(e) issue.

How Roadworthy HQ helps

Roadworthy HQ has no hours-of-service screen. It does not import ELD data, store records of duty status or supporting documents, or detect HOS violations. On the ELD side it keeps a per-vehicle registry of the device (provider, model, serial, FMCSA registration ID) and checks it daily against FMCSA's revoked-device list, with warnings ahead of the replacement deadline. A driver can be marked short-haul on their profile so the audit-readiness check stops expecting logs from them.

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Field guides

Roadworthy HQ

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Roadside findings link to the driver and vehicle, with corrective action documented and surfaced in the audit binder.

Start hereAudit Readiness Check →No tool audits ELD logs — start with the readiness check, which covers the HOS records an audit asks for.

Not legal advice · CFR is the authoritative source · SMS Appendix A publishes current severity weights