FMCSR 392.2-SLLEWA1: Fatigued Driving Citations Explained

Almost certainly not — but it has happened. Across all 69,565 all-time citations in our inspection records, only 682 resulted in an out-of-service order, putting the OOS rate at 1.0%. That is dramatically lower than the all-FMCSR average of 31.4%. So while this violation is officially OOS-eligible on paper, the overwhelming majority of drivers — roughly 99 out of 100 — keep rolling after the citation is written. The rare exceptions tend to involve extreme impairment that an inspector can directly observe at the roadside.

This violation carries a severity weight of 8 under the CSA scoring system — one of the higher values in the Unsafe Driving BASIC. The actual points that post to your record are multiplied based on how recently the inspection occurred: violations in the most recent 6 months receive a 3× time-weight multiplier, those between 6 and 12 months back get 2×, and anything older than 12 months counts at 1×. That means a fresh 392.2-SLLEWA1 citation can contribute 24 weighted points toward your Unsafe Driving BASIC before percentile ranking kicks in. Act quickly — the sooner you address the underlying issue, the faster the time-weight drops.

Take these steps immediately:

1. Document your condition. Note your hours on duty, last rest period, and any illness symptoms in writing while the details are fresh.
2. Pull your inspection report. In our last-90-days data, 392.2-SLLEWA1 co-occurs with 392.2-SLLSR in 453 shared inspections and 396.17C-PI (no periodic inspection proof) in 268 shared inspections — check whether those were also written against you.
3. Check your tires. Code 393.75A3-TAOL appeared alongside this violation in 276 shared inspections in the same period; an uninspected tire defect could add more OOS-eligible exposure.
4. Notify your carrier safety department the same day — this posts to your CSA record and theirs.
5. Decide on DataQs. If the facts don't support the finding, file a challenge through FMCSA's DataQs system before the record solidifies.

It sits in the middle of the pack by OOS rate but is one of the more frequently cited sub-codes. The parent code 392.2 has 1,208,164 all-time citations at a 0.8% OOS rate, while 392.2-SLLEWA1 sits at a 1.0% OOS rate — slightly above that baseline. Peer code 392.2-SLLEQP carries a notably higher 2.4% OOS rate across 72,352 citations. In terms of volume, 392.2-SLLEWA1's 69,565 all-time citations rank it #39 out of 3,036 FMCSR codes nationally, meaning inspectors write this one routinely. High frequency means FMCSA has robust percentile data on it, which matters for how your CSA score is benchmarked.

Yes, you can challenge it. The FMCSA DataQs system (Request for Data Review, or RDR) lets drivers and carriers dispute inspection findings they believe are inaccurate. For a violation like 392.2-SLLEWA1, the inspector's observation of impairment is inherently subjective — there is no failed equipment measurement or missing document to point to. That cuts both ways: it can be harder to disprove, but it also means a well-documented counter-narrative (your logbook, ELD data, medical records, or witness statements) carries real weight. Gather all supporting records before filing. The state enforcement agency that issued the citation will review the challenge first; FMCSA can escalate it if unresolved.

In the last 180 days, our inspection records show California leading with 3,711 citations, followed by Iowa at 2,034 and Wisconsin at 1,370. California is also the only top-10 state with a meaningfully elevated OOS rate for this code — 4.4% (163 OOS placements) versus 0.0% in Iowa, Wisconsin, Utah, Missouri, and several others. If your lanes run through California, the combination of high citation volume and a higher-than-average local OOS rate makes pre-trip documentation and alertness habits especially important before crossing that border.

Treat it as urgent. Our data shows 45,148 citations in just the last 12 months — roughly 65% of all 69,565 all-time citations were written in a single year. Monthly volume has been running between 3,390 and 4,275 citations every month from May 2025 through March 2026, showing no sign of enforcement slowing. That pace means inspectors are actively targeting fatigued or impaired operation right now. For fleet managers, a pattern of these citations across multiple drivers pushes your Unsafe Driving BASIC percentile quickly when enforcement is this sustained. Address scheduling, HOS compliance, and driver wellness policies before the next inspection cycle.

Both. Under FMCSA's CSA system, inspection violations in the Unsafe Driving BASIC attach to the driver's PSP (Pre-Employment Screening Program) record and simultaneously post against the carrier's BASIC score under the USDOT number on the inspection report. This means a driver cited for 392.2-SLLEWA1 carries it into future employment screenings, while the carrier — as the top all-time citation holders like NEW PRIME INC (576 citations) and J B HUNT TRANSPORT INC (385 citations) demonstrate — accumulates a carrier-level pattern that regulators and shippers can see. Both parties have independent incentives to contest inaccurate findings and to prevent future occurrences.