Direct answers about 392.12 citations, out-of-service risk, and enforcement trends from 13M+ inspection records.
Ranks #2,811 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.
Direct answers grounded in TruckCodex inspection data
No. Across our 13 million inspection records, the 0.0% out-of-service rate for 392.12 means this violation has never resulted in an immediate OOS placement. For context, the all-FMCSR average OOS rate is 31.4%, so 392.12 sits well below the threshold for roadside removal. You will receive a citation, but your truck stays on the road.
392.12 ranks #2796 out of 3,036 FMCSR codes by citation volume—meaning it is rarely cited. In contrast, its peer code 392.2 (Operating a CMV while ill or fatigued) has generated 1,208,164 all-time citations with a 0.8% OOS rate. The data in our database indicates 392.12 enforcement is extremely sparse and carries lower regulatory pressure than related unsafe driving violations.
First, request a copy of the inspection report from the officer or your carrier—document the exact violation description and any equipment or behavior noted. Second, contact your fleet safety manager or insurance carrier to notify them of the citation. Third, review your logbook and vehicle maintenance records for the inspection date to prepare for any follow-up inquiry. Fourth, check if you have documentation (service records, medical notes, maintenance logs) that could support a DataQs challenge if the citation is factual error.
Yes, you can contest any roadside inspection citation through the DataQs (DataQuality System) process, which allows drivers and carriers to challenge findings they believe are inaccurate or unsupported. DataQs works best when the violation is a documentation error, misidentification, or a factual mistake (wrong equipment cited, wrong measurement, wrong code). If the violation is behavior-based, you'll need evidence—dashcam, witness statement, or vehicle data—to successfully rebut it. File within 90 days of the inspection.
Very rarely. Our inspection records show only 1 all-time citation for 392.12, with 0 citations in the last 12 months and 0 in the last 90 days. This is one of the least-cited violations across the 3,036 tracked FMCSR codes. If you've been cited for it, you are in an extremely small group of drivers cited for this specific violation.
Across our 13 million inspection records, the single 392.12 citation on file was issued to HEINEN BROTHERS INC (USDOT 1255214). The cited vehicles were a MACK TRUCK and one vehicle with unpublished make data. This single citation represents the entire enforcement history of 392.12 in our database.
Both. Under FMCSA safety rules, unsafe driving violations are tracked in the Driver Safety BASIC and the Carrier Safety BASIC. The citation will appear on your driver record and your carrier's record. If you move to a new carrier, the violation stays on your driver history and may influence hiring decisions. Your current carrier's score is also affected, which can impact their insurance premiums and audit risk.
TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.
Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.
Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).
Cross-border carrier registry and Canadian recall campaigns where applicable.
TruckCodex is an independent aggregator; it is not affiliated with FMCSA, NHTSA, EIA, or Transport Canada. Always verify compliance-critical information directly with the originating agency.