FMCSR 392.2-IPASS: Improper Passing — Q&A

Direct answers on citations, CSA points, out-of-service risk, and next steps for improper passing violations.

Severity Weight
5
OOS Eligible
No
BASIC Category
Unsafe Driving
Code System
FMCSR
Code:
392.2-IPASS
Code System:
FMCSR
BASIC Category:
Unsafe Driving
OOS Eligible:
No
Severity Weight:
5
Violation Group:
BASIC 1

Ranks #3,037 of 3,146 FMCSR codes by citation frequency.

Violation Description

Improperly passing another vehicle while operating a commercial motor vehicle.

Questions & Answers

Direct answers grounded in TruckCodex inspection data

Will a 392.2-IPASS citation put my truck out of service?

No. Across our inspection records, 392.2-IPASS has never resulted in an out-of-service placement. The OOS rate is 0.0%. This is a moving violation that affects your CSA score but does not trigger immediate vehicle removal. You will remain in service unless other simultaneous violations warrant it.

How many CSA points does 392.2-IPASS add to my record?

A single 392.2-IPASS citation adds a CSA severity weight of 5 points to your BASIC 1 (Unsafe Driving) category. This weight is applied within a 30-day rolling window. Multiple citations within 30 days will stack, multiplying the impact. Check your SAFER profile regularly to monitor accumulated points in the Unsafe Driving group.

What do I do right after getting cited for 392.2-IPASS?

  1. Request the inspection report — verify the citation details and officer observations.
  2. Document your account — gather dashcam footage or witness statements if available.
  3. Review for DataQs eligibility — if the citation is based on incomplete or inaccurate roadside documentation, you may contest it through the FMCSA DataQs portal within 90 days of the citation date.
  4. Inform your carrier — this goes on your CSA record immediately.
  5. Monitor your SAFER profile — watch for the 5-point weight to appear in Unsafe Driving within 2–3 weeks.

Is 392.2-IPASS a serious violation compared to other unsafe driving citations?

In the Unsafe Driving category, 392.2-IPASS sits in the middle range. Our database shows that 392.2 (Operating a CMV while ill or fatigued) receives 1,208,164 citations with a 0.8% OOS rate, while 392.2-IPASS has 0 citations on record. The severity weight of 5 is standard for improper passing infractions and does not trigger automatic out-of-service action, unlike equipment or logbook violations in other categories.

Can I dispute a 392.2-IPASS citation through DataQs?

Yes, if the citation is based on incomplete, inaccurate, or missing roadside inspection documentation. DataQs (Database Quality Improvement System) allows drivers and carriers to challenge RDR (Roadside Inspection Report) records within 90 days of the citation. Submit your evidence through the official FMCSA DataQs portal. Success depends on proving factual error in the inspection report itself, not on your interpretation of the traffic maneuver.

How common is 392.2-IPASS in my state?

Our records show zero citations for 392.2-IPASS across all states in the last 12 months and last 90 days. This code is extremely rare in our 13 million+ inspection dataset. If you have received a citation for improper passing, verify the exact code on your inspection report — it may be listed under a different FMCSR designation depending on the state enforcement officer's coding system.

Does this violation stay on my record or my carrier's record?

Both. In the BASIC 1 (Unsafe Driving) category, violations appear on your driver record and your carrier's fleet safety record simultaneously. Your CSA points feed into the company's Unsafe Driving percentile. If you change employers, the citation stays on your record; future carriers will see it in your SAFER profile. It typically remains visible for 3 years from the inspection date.

How urgent is it to address a 392.2-IPASS citation?

Address it promptly but not as an emergency vehicle repair. Since the OOS rate is 0.0%, there is no immediate compliance deadline. However, the 5-point CSA weight in Unsafe Driving is cumulative within 30 days. If you receive multiple unsafe driving citations, your fleet's percentile can drop rapidly and trigger carrier audits or insurance premium increases. Focus on safe driving practice going forward and review the inspection report details within 10 days.

Last updated: 2026-04-20T18:17:03.747Z Answers reference TruckCodex inspection data Read the full article → Fleet FAQ →

Data sources & freshness

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.

Refreshed daily.

Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).

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EIA

Retail diesel and gasoline price history and state fuel-tax tables.

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Cross-border carrier registry and Canadian recall campaigns where applicable.

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