FMCSR 392.2-SLLDL: Fatigue & Illness Citations Explained

Almost certainly not, but it's not impossible. Across all-time inspection records, 392.2-SLLDL carries a 2.5% out-of-service rate — meaning 352 of 14,091 citations resulted in an OOS order, while 13,739 did not. That 2.5% rate is dramatically lower than the all-FMCSR average OOS rate of 31.4%, so inspectors are largely writing the citation without sidelining the vehicle. The code is also formally listed as not OOS-eligible under standard criteria. However, if the inspector judges you visibly unfit to drive in that moment, they retain discretion, which explains those 352 historical OOS orders.

392.2-SLLDL carries a severity weight of 8 in the CSA Unsafe Driving BASIC — one of the higher weights on the scale, which runs from 1 to 10. That base score is then multiplied based on how recently the violation occurred: inspections in the last 6 months receive the highest time-weight multiplier, inspections from 7–12 months ago get a lower multiplier, and violations older than a year carry the least weight. Because Unsafe Driving is a high-profile BASIC that triggers FMCSA interventions at lower thresholds, an 8-point severity hit from 392.2-SLLDL is something fleet safety managers should treat as a priority entry to contest or offset.

Take these steps immediately:

1. Get a copy of the inspection report (the roadside inspection form, often called a DVIR or FMCSA Level I/II report) before you leave the inspection site.
2. Check for companion violations. Our inspection records show that in the last 90 days, 392.2-SLLDL frequently appears alongside 396.17C-PI (no proof of periodic inspection, 202 shared inspections), 391.41APC (missing medical certificate, 181 shared inspections), and 383.23A2-LCDLN (CDL issues, 182 shared inspections). Each of those carries its own CSA weight, so address them separately.
3. Document your condition at the time — rest logs, HOS records, any medical records if illness was the trigger.
4. Notify your safety manager within 24 hours so the DataQs window isn't missed if the finding is inaccurate.

It sits in the middle of the pack by volume but is more likely to result in an OOS order than most of its peer codes. Our database shows the parent code 392.2 has 1,208,164 citations at a 0.8% OOS rate, and closely related codes like 392.2-SLLSR (191,232 citations, 0.1% OOS rate) and 392.2-SLLTCD (85,391 citations, 0.0% OOS rate) are written far more often but almost never trigger OOS orders. By contrast, 392.2-SLLDL's 2.5% OOS rate is higher than 392.2-SLLEQP's 2.4% rate and vastly higher than most peer codes. With an 8-point severity weight and a national rank of #178 out of 3,036 FMCSR codes by citation volume, this is not a low-profile violation.

Yes, you can submit a Request for Data Review (RDR) through FMCSA's DataQs system. This violation is a judgment call by the inspector — there is no failed equipment test or missing document that objectively proves the finding — which means the inspector's narrative and supporting evidence matter a lot. If the citation was issued without corroborating observation notes, erratic driving evidence, or a medical basis, that's the angle to challenge. Submit your HOS logs, any contemporaneous records, and a clear written rebuttal. Note that DataQs does not remove accurate findings; it only corrects errors. The 352 OOS orders in the all-time record suggest some inspectors do make aggressive calls, so an inaccurate OOS designation in particular is worth disputing.

California dominates enforcement of this code by a wide margin. In the last 180 days, our inspection records show California issued 1,607 citations — more than seven times the next highest state. Florida ranked second with 224 citations, and Pennsylvania third with 200 citations. Georgia (173) and Puerto Rico (155) round out the top five. California also recorded the highest OOS rate among top states at 4.7% (76 OOS out of 1,607 citations), compared to 0.0% in Florida and Georgia. If you operate regularly in California, enforcement of this code is a material risk that warrants pre-trip fatigue documentation as a standard practice.

Treat it as urgent. The 90-day citation volume sits at 1,761 citations, and looking at the last 12 months of monthly data, enforcement has been running consistently above 600 citations per month since May 2025 — with peaks of 911 in July 2025 and 870 in September 2025. That sustained volume signals active, ongoing enforcement rather than a one-time blitz. Because the CSA severity weight is 8 and violations from the most recent 6 months carry the highest time-weight multiplier, every month you delay addressing this — either through a DataQs challenge or a corrective action plan — costs more in BASIC score than if you act now.

It hits both. Under FMCSA's CSA methodology, roadside inspection violations are attributed to the carrier's BASIC percentile using the carrier's USDOT number on the inspection report. At the same time, the violation is tied to the driver's PSP (Pre-Employment Screening Program) record, which prospective employers can access. Our all-time records show high-volume carriers like Federal Express Corporation (87 citations) and United Parcel Service Inc (41 citations) accumulating fleet-level exposure from this code, while individual drivers carry the PSP impact independently. That dual attribution means both the driver and the fleet manager have separate and concurrent reasons to contest inaccurate findings.