HOS Compliance BASIC Violations

SectionViolation Description Shown on Driver/Vehicle Examination Report Given to CMV Driver after Roadside InspectionViolation Group DescriptionViolation Severity WeightViolation in the DSMS (Y/N)
392.2HState/Local Hours-of-ServiceHours7Y
392.3Operating a CMV while ill/fatiguedJumping OOS/Driving Fatigued10Y
392.3-FPASSFatigue – Operate a passenger-carrying CMV while impaired by fatigue.Jumping OOS/Driving Fatigued10Y
392.3-FPROPFatigue – Operate a property-carrying CMV while impaired by fatigue.Jumping OOS/Driving Fatigued10Y
392.3-IIllness – Operate a CMV while impaired by illness or other cause.Jumping OOS/Driving Fatigued10Y
395.1(h)(1)15, 20, 70/80 HOS violations (Alaska-Property)Hours7Y
395.1(h)(2)15, 20, 70/80 HOS violations (Alaska-Passenger)Hours7Y
395.1(h)(3)Adverse driving conditions violations (Alaska)Hours7Y
395.1(o)16 hour rule violation (Property)Hours7Y
395.3(a)(1)Requiring or permitting driver to drive more than 11 hoursHours7Y
395.3A1R11 hour rule violation (Property)Hours7Y
395.3(a)(2)Requiring or permitting driver to drive after 14 hours on dutyHours7Y
395.3A2R14 hour rule violation (Property)Hours7Y
395.3A2-PROPDriving beyond 14 hour duty period (Property carrying vehicle)Hours7Y
395.3A3-PROPDriving beyond 11 hour driving limit in a 14 hour period. (Property Carrying Vehicle)Hours7Y
395.3(a)(3)(ii)Driving beyond 8-hour limit since the end of the last off-duty or sleeper period of at least 30 minutes

(Note: Does not apply to short haul drivers)

Hours7Y
395.3(b)60/70 – hour rule violationHours7Y
395.3B1-PROPDriving after 60 hours on duty in a 7 day period. (Property carrying vehicle)Hours7Y
395.3B2Driving after 70 hours on duty in a 8 day period. (Property carrying vehicle)Hours7Y
395.3BR60/70 – hour rule violation (Property)Hours7Y
395.3(c)34 -hour restart violation (Property)Hours7Y
395.5(a)(1)10 – hour rule violation (Passenger)Hours7Y
395.5A1-PASSDriving after 10 hour driving limit (Passenger carrying vehicle)Hours7Y
395.5(a)(2)15 – hour rule violation (Passenger)Hours7Y
395.8(a)No driver’s record of duty statusIncomplete/Wrong Log5Y
395.5(b)60/70 – hour rule violation (Passenger)Hours7Y
395.5B1-PASSDriving after 60 hours on duty in a 7 day period. (Passenger carrying vehicle)Hours7Y
395.5B2-PASSDriving after 70 hours on duty in a 8 day period. (Passenger carrying vehicle)Hours7Y
395.8Log violation (general/form and manner)Other Log/Form & Manner1Y
395.8(a)No driver’s record of duty statusIncomplete/Wrong Log5Y
395.8(e)False report of driver’s record of duty statusFalse Log7Y
395.8(f)(1)Driver’s record of duty status not currentIncomplete/Wrong Log5Y
395.8(k)(2)Driver failing to retain previous 7 days’ logsIncomplete/Wrong Log5Y
395.13(d)Driving after being declared out-of-serviceJumping OOS/Driving Fatigued10Y
395.15(b)Onboard recording device information requirements not metIncomplete/Wrong Log5Y
395.15(c)Onboard recording device improper form and mannerOther Log/Form & Manner1Y
395.15(f)Onboard recording device failure and driver failure to reconstruct duty statusIncomplete/Wrong Log5Y
395.15(g)On-board recording device information not availableEOBR Related1Y
395.15(i)(5)Onboard recording device does not display required informationOther Log/Form & Manner1N
398.6Violation of hours of service regulations—migrant workersHours7Y

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7 Violation severity weights reflect the relative importance of each violation within each BASIC. These weights cannot be compared or added meaningfully across the BASICs.

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