Direct answers about 392.2-ML citations, OOS rates, CSA points, and what to do next. Grounded in 13M+ inspection records.
Ranks #740 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.2% is below the FMCSR-wide average of 33.3%.
Operating a commercial motor vehicle while the driver's ability or alertness is so impaired through fatigue, illness, or any other cause as to make it unsafe for the driver to begin or continue to operate the vehicle.
Direct answers grounded in TruckCodex inspection data
No. Across our 13 million inspection records, 392.2-ML citations result in out-of-service placement only 0.2% of the time—just 2 out of 948 all-time citations led to an OOS order. This is far below the 31.4% national average OOS rate across all FMCSR codes. You will almost certainly be allowed to continue operating after the citation is issued.
This violation carries a CSA severity weight of 8 points. The total points added to your record depends on when the citation was issued and your carrier's Safety and Fitness Electronic Records (SAFER) profile. CSA points typically apply for 36 months from the violation date. Your safety manager or fleet compliance team can access the exact point calculation through your SAFER account.
First, request a copy of the inspection report from the officer or inspector before you leave. Second, contact your fleet safety manager or dispatcher the same day—our data shows 392.2-ML is often cited alongside record-of-duty-status violations and ELD issues, so your logs may be flagged too. Third, document when you became aware of the fatigue or illness and what you did about it. Fourth, do not ignore the citation; most states require response within 30 days.
In the context of similar violations, 392.2-ML is among the least enforced. Its parent code 392.2 has racked up 1,208,164 all-time citations, while 392.2-ML accounts for only 950—ranked #729 out of 3,036 FMCSR codes by citation volume. The OOS rate for 392.2-ML is 0.2%, compared to 0.8% for the broader 392.2 category, making this variant one of the safest to receive. Still, the CSA weight of 8 means it will affect your profile.
Yes, you can contest the citation through the DataQs Roadside Inspection Response (RDR) system. Challenges to fatigue or illness findings are typically fact-based disputes—you argue that you were not impaired or that the officer's judgment was incorrect. DataQs requires submission within a specific window after the citation. Work with your carrier or a compliance consultant to build your rebuttal, since these cases often turn on driver testimony and vehicle logs.
Over the last 180 days, our records show Iowa leads with 46 citations, followed by North Carolina with 33, and New Mexico with 29. Iowa and North Carolina have not placed any drivers out of service for this code in that period (0.0% OOS rate each), so citations in those states tend to be warnings or documentation issues rather than enforcement with teeth. Illinois, with 20 citations and a 5.0% OOS rate, is an outlier.
Very urgent. You must respond within the state's statutory deadline—typically 30 days. Our data from the last 90 days shows 58 active citations, with monthly enforcement steady between 17 and 47 cases. Ignoring the citation can result in license suspension or carrier penalties. Even though only 0.2% lead to immediate out-of-service status, the CSA severity weight of 8 makes this a compliance matter your carrier will monitor closely.
The citation is recorded against both you and your carrier in FMCSA's Safety and Fitness Electronic Records (SAFER) system. Your unsafe-driving violations go into your personal CSA profile and your carrier's Unsafe Driving BASIC. If you change employers, the violation stays on your record for 36 months. Your new carrier will see it during hiring review. Make sure your carrier knows about the citation so they can prepare their response and any safety remediation plan.
Where 392.2-ML is most commonly cited (last 180 days)
Other violations commonly found on the same inspection (last 90 days)
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.