FMCSR 392.2-SLLEQP: OOS Risk, CSA Points & What to Do Next

Almost certainly not — but it has happened. Across all-time records, 392.2-SLLEQP carries a 2.4% OOS rate (1,771 placements out of 72,352 citations). That is dramatically lower than the all-FMCSR average OOS rate of 31.4%, so the overwhelming majority of drivers cited under this code — 70,581 of them — were not placed out of service. That said, the OOS rate is not zero, meaning an inspector who judges your impairment severe enough can still park you. If you were cited and allowed to continue driving, the violation goes on your record but does not count as an OOS event.

392.2-SLLEQP carries a CSA severity weight of 8, which is near the top of the scale. FMCSA's SMS then applies a time-weight multiplier: violations from the most recent 6 months are multiplied by 3, violations from 7–12 months ago by 2, and violations older than 12 months carry no multiplier (weight of 1). That means a fresh 392.2-SLLEQP citation can effectively score as high as 24 weighted points in the Unsafe Driving BASIC. This BASIC is one of the most scrutinized by shippers and safety auditors, so a high severity weight in this category draws disproportionate attention to your safety profile.

Take these steps immediately:

1. Document your condition at the time of the stop. Note your hours-of-service logs, any medical conditions, and the inspector's written observations — these matter if you contest.
2. Check for companion violations. Our inspection records show that in the last 90 days, 392.2-SLLEQP frequently appeared alongside 396.17C-PI (no proof of periodic inspection, 588 shared inspections), 393.75A3-TAOL (tire issues, 518 shared inspections), and 393.9A-LIL (inoperable lamps, 491 shared inspections). Address every violation on the inspection report, not just this one.
3. Notify your fleet safety manager — this violation hits the Unsafe Driving BASIC, which carriers monitor closely.
4. File a DataQs challenge within 90 days if the citation is factually incorrect.

Yes — it ranks #33 out of 3,036 FMCSR codes by citation volume, which means it is enforced far more often than the vast majority of regulations. Within the Unsafe Driving category, the parent code 392.2 alone has accumulated 1,208,164 citations at a 0.8% OOS rate. The 392.2-SLLEQP sub-code has 72,352 all-time citations and a 2.4% OOS rate, which is actually higher than the parent code's rate, suggesting inspectors who use this specific sub-code are more likely to have observed a significant impairment. The severity weight of 8 also confirms FMCSA treats this as a high-priority safety concern relative to lower-weighted violations.

Yes, you can submit a challenge through FMCSA's DataQs system, which handles Requests for Data Review (RDR). Because 392.2-SLLEQP is a judgment-based finding — the inspector made a determination about your alertness or physical condition — a successful challenge typically requires objective evidence contradicting that judgment: clean HOS logs showing adequate rest, medical records, or documentation of an equipment or environmental factor that was misread as driver impairment. DataQs challenges that dispute purely subjective officer observations are harder to win than challenges involving documentation errors or equipment misidentification. Submit your challenge promptly; the process requires the relevant inspection report number from your copy of the inspection report.

The data in our database shows that in the last 180 days, California led all states by a wide margin with 14,326 citations, followed by New York at 1,086 citations and Minnesota at 983 citations. California's enforcement volume is so dominant that it accounts for the vast majority of recent national activity. Minnesota stands out for a different reason: despite ranking third in volume, it has the highest OOS rate among the top states at 20.1% (198 OOS placements out of 983 citations) — far above California's 1.1% rate. If you operate in any of these three states, enforcement exposure under this code is materially higher than in most of the country.

Urgency is high. This code is not a one-time spike — our inspection records show 47,327 citations in the last 12 months and 9,835 in the last 90 days alone, meaning enforcement is active and sustained. Monthly volume has ranged from roughly 3,591 to 4,599 citations per month across the last year, with no sign of declining attention. Because 392.2-SLLEQP is OOS eligible (even at a 2.4% rate), a repeat pattern in your PSP or a carrier's SMS BASIC could invite a targeted roadside intervention where an inspector is already primed to look for impairment. Addressing the underlying cause — fatigue management, scheduling, or medical fitness — before the next dispatch is the practical standard.

Both. Under FMCSA's CSA methodology, violations from a roadside inspection are attributed to the driver's PSP (Pre-Employment Screening Program) record and simultaneously to the carrier's SMS BASIC scores. The Unsafe Driving BASIC — where 392.2-SLLEQP sits with its severity weight of 8 — is one of the two BASIC categories that can trigger an FMCSA investigation at lower thresholds than most others. Drivers carry the citation on their PSP for three years, which prospective employers can review. Carriers accumulate the weighted points in SMS, where repeated Unsafe Driving violations across their fleet push their percentile higher and increase investigation risk.