FMCSR 392.2-SLLED: Fatigue & Illness Violations Explained

Almost certainly not, but it has happened. Across 38,520 all-time citations in our inspection records, only 759 drivers were placed out of service—a 2.0% OOS rate. That is dramatically lower than the all-FMCSR average of 31.4%, so while the code is technically OOS-eligible in rare circumstances, the overwhelming outcome (37,761 times out of 38,520) is that you receive a citation and continue operating. California is the exception worth watching: in the last 180 days, CA recorded a 5.4% OOS rate on this code—higher than the national norm for 392.2-SLLED.

392.2-SLLED carries a severity weight of 8—one of the higher scores in the CSA system. That base score is then multiplied depending on how recently the violation occurred: inspections within the last 6 months receive a 3× time-weight multiplier, dropping to 2× between 6–12 months, and 1× after that. Because this code falls in the Unsafe Driving BASIC, which regulators and carriers scrutinize closely, an 8-point violation that is fresh on your record can push a fleet toward an alert threshold faster than lower-severity codes in the same category.

Take these steps immediately after the citation:

1. Review your hours-of-service logs. Our inspection records show that in the last 90 days, 392.2-SLLED appeared alongside 395.8A1-HOSP (failing to have a proper record of duty status) in 154 shared inspections and with 395.8E-HOSPD (false record of duty status) in 141 more. Inspectors are cross-checking your ELD or paper logs at the same stop.
2. Inspect your tires. 393.75A3-TAOL (leaking or underinflated tires) co-occurred in 242 shared inspections—inspectors writing fatigue citations are also walking around the vehicle.
3. Verify your periodic inspection documentation. 396.17C-PI (no proof of periodic inspection) appeared in 247 shared inspections.
4. Document your actual rest period with timestamped receipts, fuel stops, or hotel records in case you contest the citation.

It is a mid-tier enforcement code by volume but carries meaningful OOS risk relative to close peers. Among related codes in our database, the parent code 392.2 has 1,208,164 citations at a 0.8% OOS rate, and 392.2-SLLSR has 191,232 citations at just 0.1%. At 38,520 citations and a 2.0% OOS rate, 392.2-SLLED sits above most of its peer codes on OOS likelihood—only 392.2-SLLEQP, at 2.4%, exceeds it in this category. The code also ranks #84 out of 3,036 FMCSR codes by citation volume nationally, meaning enforcement officers write it regularly and are familiar with it.

Yes, you can submit a DataQs Request for Data Review (RDR), and it is often worth attempting. Because 392.2-SLLED is a judgment-based finding—an officer's on-scene assessment that you appeared fatigued or ill—it is more contestable than a clear equipment defect. To challenge it, gather supporting evidence: ELD records showing adequate rest, medical documentation if illness was misidentified, and any dashcam footage or receipts that place you at a rest location. Submit your RDR through the FMCSA DataQs portal. If the challenge is upheld, the citation is removed from your PSP record and no longer counts toward your CSA Unsafe Driving BASIC score.

California leads by a wide margin. In the last 180 days, our inspection records show California with 4,836 citations, far ahead of the next highest states. South Carolina ranked second with 1,013 citations, and New York third with 548. If you run regular lanes through California, be aware that CA also posted a 5.4% OOS rate on this code during that same period—higher than any other state in the top ten. South Carolina and New York both recorded 0.0% OOS rates, suggesting citations there result in a notation but rarely a shutdown.

Enforcement has been running at a high and sustained level. Our inspection records show 25,448 citations issued in just the last 12 months, and 5,451 in the last 90 days alone. Looking at the monthly trend, citation counts climbed from 691 in April 2025 to a peak of 2,599 in July 2025 and have remained above 1,900 every month since. OOS placements also spiked—71 in February 2026 and 67 in March 2026—the two highest monthly totals in the tracked period. That trajectory means inspectors are actively writing this code, and a fresh 8-point violation staying on your CSA record for 24 months is not a situation to sit on.

Both the driver and the carrier are affected. Under FMCSA's CSA methodology, a violation cited during a roadside inspection is attributed to the carrier's BASIC score using the carrier's USDOT number recorded on the inspection report. The same violation also appears on the driver's Pre-Employment Screening Program (PSP) record and factors into the driver's individual SMS history. That dual attribution is why large fleets in our database—such as Western Express Inc (USDOT 511412) with 398 all-time citations and Swift Transportation Co of Arizona LLC (USDOT 54283) with 318—have strong financial incentive to monitor and address driver fatigue before a stop occurs.