Violation codeHours of Service

§395.8

Driver's record of duty status not current

49 CFR §395.8

Drivers must maintain a current record of duty status using an ELD or, where exempt, a paper log. Logs not current to the last change of status are an HOS Compliance BASIC violation.

At a glance

Severity
5
OOS eligible
Yes
BASIC category
Hours-of-Service Compliance
Typical fine
$1,000–$3,000

Section 395.8 governs the driver's record of duty status. Most CMV drivers must use an electronic logging device under §395.20–§395.38; some short-haul and other exemptions allow paper logs or no logs at all under specific conditions.

What "current" means

The RODS must reflect the driver's current duty status. After every change of duty status — driving, on-duty not driving, off-duty, sleeper berth — the log must be updated. ELDs handle this automatically when configured correctly; paper logs require driver discipline.

Common findings

  • Log not current to the last change of duty status.
  • ELD malfunction without the §395.34 procedures followed.
  • Missing previous-7-days RODS at roadside.
  • Driver unable to produce the log on demand.

OOS criteria

A driver who cannot produce a current RODS is placed out of service for 10 hours (or 8, depending on cycle). This drives the OOS rate that feeds the HOS Compliance BASIC.

How to prevent it

  • Verify the ELD self-test passes before every dispatch.
  • Train the driver on the §395.34 malfunction procedures: contact carrier within 24 hours, paper log until corrected, repair within 8 days.
  • Retain six months of supporting documents per §395.11 — the auditor cross-references them against the RODS.

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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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