HOS Violation Statistics: Most Cited Violations (2026)
Rules, prices and device details on this page were checked October 2026 against the official sources listed at the bottom. Where a provider doesn't publish a number, we say so instead of guessing.
When drivers think about hours of service violations, they picture running over 11 hours. The data tells a different story. The most common log related citations are about paperwork and process: falsified entries, missing logs, uncertified days and missing documents. This page breaks down what FMCSA roadside inspection data and CVSA's International Roadcheck results show, and what it means for your fleet. Figures were checked October 2026.
Data Source and Method
We used two datasets:
- FMCSA roadside inspection data for calendar 2025. FMCSA publishes violation counts through its Analysis and Information Online portal. We used J. J. Keller's published top 20 list built from that data, which also shows the share of each violation that led to an out of service order and its CSA severity weight. Over 3 million roadside inspections took place in 2025.
- CVSA International Roadcheck 2025 and 2026. These are three day inspection blitzes across North America with detailed out of service breakdowns.
One caution: a citation count reflects what inspectors look for as much as what drivers do. A violation that's easy to spot, like a missing instruction sheet, will show up more than one that takes time to dig out.
Top 10 HOS Violations
Here are the hours of service and ELD related violations from the 2025 top 20 driver list, in order.
| Rank among HOS items | Code | Violation | Citations in 2025 | Share leading to OOS |
|---|---|---|---|---|
| 1 | 395.8(e) | Log falsification | 98,292 | 20% |
| 2 | 395.8(a) | No log or wrong type of log | 82,616 | 59% |
| 3 | 395.24 | ELD form and manner | 76,623 | Not reported |
| 4 | 395.30 | Failure to review and certify logs | 65,809 | Not reported |
| 5 | 395.3(a) | 8, 11 or 14 hour violation | 57,571 | 17% |
| 6 | 395.22(h) | No ELD instructions or blank logs | 31,659 | Not reported |
| 7 | 395.22(g) | ELD mounting violation | 16,125 | Not reported |
| 8 | 395.24 | Failure to transfer ELD records | 12,341 | Not reported |
| 9 | 395.32 | Failure to review or assign unassigned time | 9,112 | Not reported |
| 10 | 395.8(k) | No logs for prior 7 days | 8,266 | 86% |
Add those up and you get about 458,000 hours of service and ELD citations among the top 20 alone. Only one of them, the 395.3(a) driving and window limits, is actually about working too long. The rest are about records.
Out of service rates
The share that leads to an out of service order varies wildly. Missing the prior 7 days of logs puts a driver out of service 86% of the time, and having no log at all does 59% of the time. Falsification does about 20% of the time, usually when the hidden time puts the driver over a limit since the last break. The source didn't report out of service rates for form and manner, certification, instruction sheet or mounting problems, and those are typically documented without stopping the truck. They still count against your CSA scores.
Form and manner
Form and manner problems are the easiest wins. They're things like missing required entries, a wrong carrier name or a driver who doesn't know how to show the logs. Combine that with missing instruction sheets and blank logs and mounting problems, and you get more than 124,000 citations in 2025 that a five minute cab check could prevent.
False log trends
Falsification stays near the top every year. Common patterns include logging personal conveyance that was really for the company, logging on duty time as off duty, and drivers logging out while the truck moves. At CVSA's 2025 Roadcheck, false logs made up 10% of driver out of service violations. In 2026, CVSA made ELD tampering a focus area, and inspectors issued 146 out of service orders for tampering, falsification or manipulation of ELD data.
Trends Since the ELD Mandate
ELDs made it harder to fudge driving time, and you can see that in the mix of citations. Driving time is captured automatically, so outright 11 hour violations now trail record keeping problems by a wide margin. Instead, violations have shifted toward:
- Process failures, like not certifying logs or not handling unassigned driving time.
- Device and document failures, like missing instruction sheets or failed data transfers.
- Edits and status misuse, like inappropriate personal conveyance or yard moves.
Roadcheck results show the same shift at the out of service level. Hours of service was the top driver out of service category in 2025, at 32.4% in North America. In 2026, it fell to second place at 23.4%, behind missing medical cards at 27%. English language proficiency, which became an out of service violation on June 25, 2025, showed up at 9.1%.
| Roadcheck | HOS share of driver OOS | False logs share | Driver OOS rate |
|---|---|---|---|
| 2025 | 32.4% | 10.0% | 5.9% |
| 2026 | 23.4% | 6.7% | 5.8% |
State Hotspots
We don't publish a state ranking here, because raw citation counts mostly reflect how many inspections each state runs and where freight flows. States with huge inspection programs and heavy freight corridors naturally show more violations. If you want to compare states fairly, use the violation rate per inspection, not totals. FMCSA's A and I portal lets you filter inspection and violation data by state, and our trucking heatmap is a good visual starting point.
What we can say from Roadcheck is that the mix differs by country. In Canada during Roadcheck 2026, false records of duty status were the top driver out of service category at 31.9% (52 orders), with hours of service close behind (46 orders). In the US, missing medical cards led.
Questions to Ask About Your Own Data
Pull your own inspection history from FMCSA's SAFER and SMS sites and compare it to the national picture. Are your hours of service citations mostly paperwork, like ours above, or actual limit violations? Do they cluster with certain drivers, terminals or trucks? Are your out of service orders tied to missing documents? A fleet with mostly form and manner citations has a training problem. A fleet with many 395.3(a) citations has a dispatch problem, because loads are being planned with too little time. Those need different fixes, and knowing which one you have saves a lot of effort.
Patterns Fleet Managers Report
The data lines up with what safety managers tell us. Violations cluster with newer drivers in their first months on a new ELD, with drivers who switch trucks often and with fleets that changed providers without training. Unassigned driving piles up when trucks are shared or moved by mechanics who don't log in. Certification gets missed on days off, when the driver never opens the app. None of these are hard problems, but they need a routine.
What a Violation Costs You
A citation isn't only a possible fine. It shows up in your CSA scores in the Hours of Service Compliance category for 24 months, weighted more heavily in the first 6 months. A high percentile can trigger warning letters, more roadside inspections and, in time, an investigation. Out of service orders cost more than the citation itself. The truck sits, the load runs late and the driver loses earning time. If you'd like to see penalty ranges, check the penalty table in our ELD violations and fines guide, which uses amounts from 49 CFR Part 386, Appendix B.
Which violations to fix first
If you only have time for three fixes, pick these. First, make sure every driver can produce the previous 7 days of logs, because that citation put drivers out of service 86% of the time. Second, stop falsification at its source by reviewing edits and personal conveyance each week. Third, clear unassigned driving time. It's easy to ignore, but it carries more weight than most of the paperwork citations.
How to Stay Off This List
- Do a cab packet check every week. Instruction sheet, malfunction sheet and 8 days of blank logs.
- Make certification a daily habit. Set your ELD to prompt drivers at the end of each day.
- Clear unassigned driving within days. Assign it or annotate why it isn't a driver's time.
- Train on roadside transfer. Drivers should practice sending logs before they need to. See our ELD inspection transfer guide.
- Audit personal conveyance. Review PC use weekly and coach drivers on what qualifies.
- Use a registered device. A revoked device can make every log look like no log.
For penalty amounts, see our ELD violations and fines guide.
Frequently Asked Questions
What is the most common HOS violation?
In 2025 roadside data, log falsification under 395.8(e) was the most cited hours of service violation, with 98,292 citations.
Which HOS violations put drivers out of service?
Missing the prior 7 days of logs led to out of service orders 86% of the time in 2025, and having no log or the wrong type did 59% of the time.
Are HOS violations going down?
At CVSA Roadcheck, hours of service fell from 32.4% of driver out of service violations in 2025 to 23.4% in 2026.
What is an ELD form and manner violation?
It means the log is missing required information or is not kept in the required way. It was cited 76,623 times in 2025.
Sources
All prices, terms and registration details were checked October 2026 on the pages below. Providers change pricing often, so confirm before you buy.
- J. J. Keller: Top 20 CMV driver violations of 2025 (FMCSA roadside data)
- FMCSA A and I Online: inspection and violation data
- CVSA 2025 International Roadcheck results
- CVSA 2026 International Roadcheck results (Aug 25, 2026)
- 49 CFR 395.8 Driver record of duty status (eCFR)
- 49 CFR 395.22 Motor carrier responsibilities (eCFR)
- 49 CFR 395.30 ELD record submissions, edits and retention (eCFR)
- 49 CFR Part 386 Appendix B, civil penalty amounts (eCFR)