FMCSR 392.2-HOS: Operating While Ill or Fatigued—Q&A

No, it almost certainly won't. Across our inspection database, only 2 out of 345 all-time citations for 392.2-HOS resulted in an out-of-service order—a 0.6% OOS rate. This is dramatically lower than the 31.4% average OOS rate across all FMCSR codes. In the last 90 days alone, 26 citations were issued with zero out-of-service placements. You'll be cited and receive CSA points, but immediate truck removal is extremely unlikely.

This violation carries a CSA severity weight of 8 points. That weight is multiplied by the number of violations cited within a 30-day window. If this is your only 392.2-HOS citation in the rolling 30-day period, you'll receive 8 points added to your Unsafe Driving BASIC. If inspectors cited you multiple times in 30 days, each citation multiplies that 8-point weight. Check your Motor Carrier Safety Monitoring System (MCSS) profile to confirm how many violations are currently in your 30-day window.

Immediate steps:

1. Document your condition — If the citation was issued in error or circumstances were misrepresented, photograph/record the inspection report date and time.
2. Review co-occurring violations — Across recent inspections, fatigue citations often appear alongside HOS record-keeping issues (395.8A1-HOSP), medical certificate lapses (391.41APC), and inspection proof gaps (396.17C-PI). Check whether any of these were also cited.
3. Submit a DataQs challenge if documentation or facts are inaccurate—you have 90 days from the inspection date.
4. Notify your carrier/safety manager immediately so they can adjust scheduling or medical restrictions if needed.
5. Get rest and medical clearance before your next shift to avoid a pattern.

It's less serious than the severity weight suggests. The 0.6% OOS rate makes it one of the safest 392.2 variants in enforcement. Peer codes in the same category show similar or worse OOS outcomes—for example, 392.2-SLLEQP has a 2.4% OOS rate, and the parent code 392.2 itself sits at 0.8%. However, the CSA severity weight of 8 still impacts your Unsafe Driving BASIC score. The violation is enforcement-heavy (156 citations in the last 12 months) but rarely results in immediate truck removal, so it's more of a long-term compliance and points concern than an emergency.

Wisconsin leads by a significant margin. In the last 180 days, our inspection records show Wisconsin with 9 citations, followed by Arizona and Georgia with 8 each. Pennsylvania accounts for 6 citations, and Kansas for 3. All five states had zero out-of-service placements for this violation. Wisconsin's higher citation rate may reflect regional inspector focus or carrier routing patterns; if you operate frequently in that state, be especially attentive to fatigue management and HOS compliance.

Yes, if the facts or documentation are wrong. The DataQs (Roadside Data Quality) challenge process allows you to contest inspection findings within 90 days of the inspection date. For fatigue citations, success typically depends on documentary evidence: logbooks, medical records, dispatch records, or witness statements that show your condition was mischaracterized. If the inspector's judgment call on your alertness level is the sole basis, it's harder to overturn, since fatigue is a subjective assessment. Submit your challenge through FMCSA's DataQs portal with supporting documentation within the 90-day window.

26 citations were issued in the last 90 days. That's down from higher monthly peaks earlier in the 12-month window—May 2025 had 18, and both July and August hit 17. The recent slowdown (10–14 citations per month from September onward) may reflect seasonal variation or changing enforcement priorities. At this pace, 392.2-HOS remains a relatively rare violation across the national roadside inspection program, ranking #1040 out of 3,036 FMCSR codes by citation volume.

Both. The violation appears on your individual Motor Carrier Safety Monitoring System (MCSS) record and influences your Unsafe Driving BASIC score. It also rolls into your carrier's BASIC if you were operating under their authority at the time of inspection. Your carrier can see this violation during hiring reviews and safety audits. CSA scores are refreshed monthly, so the 8-point weight will age out after 24 months if no new violations occur. Maintain clean inspection records to minimize long-term impact on both your employment prospects and your carrier's safety profile.