The FMCSA has updated the CSA’s Safety Measurement System (SMS) with new ELD violations as well as severity weights for each violation.

As of April 1, 2018, new violations associated with the FMCSA’s ELD mandate will fall under the Hours of Service Compliance BASIC category in the CSA’s Safety Measurement System.

According to the FMCSA, “these violations are not being applied retroactively.”

It means that any violation that was recorded before April 1, 2018, will not be included in the Safety Measurement System. However, carriers are advised to conduct a careful review and check the code indicated in their violation report.

If the code is anything other than 395.22(a) and was issued to the carrier before April 1, 2018, then the carrier can request to have the code changed; the violation will be then removed from the system. Some of the violations have been erroneously recorded under sections 395.8 or 395.15.

On the other hand, carriers that received ELD violations after April 1, 2018, will see those violations in their HOS Compliance BASIC “in early May 2018, when the next monthly SMS results are released.”

An overview of the new ELD violations

Some of the new violations highlighted are violations incurred for not having a record of duty status/no logbook when required. These violations have a severity weight of 5, with an additional 2 points when an out-of-service order is included.

Following are more details of these three violations:

1. 395.8A-ELD

If the driver doesn’t have a logbook when he is required to use an ELD.

2. 395.8A-NON-ELD

When the driver doesn’t have a logbook when an ELD is not required. This applies to those who are exempt from the ELD mandate requirements.

3. 395.8A1

This is the code for when the driver is not using the appropriate method to record hours-of-service.

In addition to the above-mentioned three violations, drivers should also be aware of 395.11G, which is the failure to provide supporting documents in the driver’s possession upon request. This violation has a severity weight of 7.

Here is a complete list of 22 ELD-related violations with their severity weights.

Other important ELD violations

There are also several other ELD violations that carry a severity of weight of 10 (out of 10). Some of those violations are:


When a driver is driving after being declared out-of-service for hours-of-service violation(s).


When a passenger-carrying vehicle CMV driver is impaired by fatigue.


When a property-carrying CMV driver is impaired by fatigue.


When a driver is operating a CMV while impaired by illness or other cause.


When a driver is operating a commercial motor vehicle while texting.


When a driver is using or in possession of drugs.


When a driver is operating a commercial motor vehicle while possessing a fraudulent medical certificate.

The complete list of violations and their corresponding severity weights can be found in this SMS Appendix A spreadsheet.

Equip your fleet with an FMCSA-registered ELD solution

Now that full enforcement of the ELD mandate has begun, ELD violations will affect a carrier’s CSA scores. Make sure that you are fully prepared and equipped with an FMCSA-registered ELD solution.

If you are still without an ELD or aren’t completely satisfied with your current ELD provider, try Motive. The Motive ELD is FMCSA-registered, affordable, and feature-rich.