Violation 395.8A-NON-ELD, explained
By TruePermitReviewed by the TruePermit compliance teamSMS list v3.21, retrieved
On the roadside report this cite reads: "No record of duty status when one is required (ELD Not Required)". FMCSA scores it in the HOS Compliance category with an official severity weight of 5 of 10 — moderate severity, and it counts on the driver's own record as well as the carrier's.
- Severity weight
- 5/10
- CSA BASIC
- HOS Compliance
- Violation group
- Incomplete/Wrong Log
- Driver's record (DSMS)
- Yes — counts for the driver too
What the HOS Compliance category is
Hours-of-service rules: driving limits, duty windows, and the logs (ELD or paper) that prove them.
Log violations are documentation the inspector reads on the spot — they're among the easiest cites to receive and the easiest to prevent. A pattern of them in the two-year record invites compliance reviews, and a false-log finding is treated far more severely than a form-and-manner slip.
What to do after this cite
- Fix the underlying condition before the next dispatch. The violation stays in the two-year record either way — the repeat is what compounds the damage, and recurring findings in one group are what invite closer attention.
- Keep the paper trail together: the inspection report, the repair receipt or corrected log, and photos if the condition was borderline.
- If the data is wrong, use DataQs (dataqs.fmcsa.dot.gov): wrong truck, wrong carrier, a cite that doesn't match the condition. Data reviews correct errors; they don't erase valid violations, and no service can promise otherwise.
- If a citation came with it, the fine, court and deadline are on the citation itself — that's a state court matter separate from this federal safety record.
Frequently asked
- What does violation 395.8A-NON-ELD mean?
- It's the cite an inspector writes for: "No record of duty status when one is required (ELD Not Required)". In FMCSA's Safety Measurement System it belongs to the HOS Compliance category (violation group: Incomplete/Wrong Log) with an official severity weight of 5 out of 10 — moderate severity.
- How long does 395.8A-NON-ELD stay on the record?
- Roadside inspection violations stay in the carrier's SMS data for two years, with recent events weighted more heavily than older ones. Fixing the condition doesn't remove the violation — it prevents the repeat, which is what protects the record going forward.
- Does 395.8A-NON-ELD affect the driver or the carrier?
- Both. This cite is included in the Driver SMS, so it counts on the driver's own inspection history as well as the carrier's record.
- Can I dispute it?
- If the recorded data is wrong — wrong vehicle or carrier, a cite that doesn't match the condition — file a DataQs Request for Data Review at dataqs.fmcsa.dot.gov with your inspection report and evidence. Data errors do get corrected; valid violations don't get erased, and repairing the issue afterwards doesn't make the original cite incorrect.
Related violations
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Check my USDOT →Cite, description and severity weight verbatim from FMCSA's SMS Methodology Appendix A (v3.21, retrieved 2026-09-06). Out-of-service criteria are CVSA's licensed publication and are not reproduced. General information, not legal advice.