FMCSR 392.2-SLLEWA3: Fatigue Violations Explained for Drivers

Almost certainly not — but it has happened. Across all-time records, 392.2-SLLEWA3 carries a 0.4% OOS rate: only 105 of 25,125 citations resulted in an out-of-service order. That said, 0.4% is not zero. Compare that to the all-FMCSR average OOS rate of 31.4%, and this code sits far below the norm for putting a truck on the side of the road. The more immediate concern is the CSA severity weight, not an OOS hold. Still, inspectors have discretion, so if you are visibly impaired, fatigued, or unwell at the time of inspection, the risk of that rare OOS order goes up considerably.

392.2-SLLEWA3 carries a severity weight of 8 in the FMCSA CSA scoring system, placing it among the heavier-weighted violations. That base score is then multiplied based on how recently the violation occurred: inspections in the last 6 months receive a 3× time-weight multiplier, inspections between 6 and 12 months ago receive 2×, and inspections older than 12 months receive 1×. So a fresh 392.2-SLLEWA3 citation effectively contributes 24 weighted points to your Unsafe Driving BASIC. This violation falls squarely in the Unsafe Driving category, which is one of the most scrutinized BASICs in carrier safety measurement.

Take these steps immediately:

1. Pull over and rest if you haven't already. The citation is written; adding miles while fatigued only risks a second citation or worse.
2. Document your condition — note sleep hours, any illness symptoms, and shift length. This matters if you contest later.
3. Review your co-occurring violations. Our inspection records show that in the last 90 days, 392.2-SLLEWA3 appeared on the same inspection as 392.2-SLLEWG3 in 541 cases, 392.2-SLLEWA1 in 350 cases, and 393.75G-TAOW (tire load limit) in 267 cases. Check your inspection report for any of these companion violations — each one is a separate CSA hit.
4. Notify your fleet safety manager so the carrier's BASIC scores can be monitored.
5. Log everything in your driver file for a potential DataQs challenge.

It is mid-range in volume but comparable in severity to its peer codes. Among related violations in the same category, the broad parent code 392.2 has accumulated 1,208,164 citations with a 0.8% OOS rate, while 392.2-SLLEWA3 sits at 25,125 citations all-time with a 0.4% OOS rate — lower OOS risk than the parent but a higher severity weight (8) than many equipment codes. The national rank of #110 out of 3,036 FMCSR codes by citation volume tells you this is not an obscure edge case; inspectors write it regularly. Its 0.4% OOS rate is dramatically lower than the all-FMCSR average of 31.4%, but the CSA severity weight of 8 means it hits your Unsafe Driving BASIC hard regardless.

Yes, you can submit a DataQs Request for Data Review (RDR) to challenge the accuracy of a 392.2-SLLEWA3 citation. This is a documentation-based violation — meaning the inspector made a judgment call about your condition rather than measuring a broken part — which gives you room to argue if the finding was factually incorrect. Strong grounds include: your ELD or logbook showing adequate rest before the stop, a medical record ruling out illness, or a clear procedural error on the inspection report. Weak grounds include simply disagreeing with the officer's assessment without supporting evidence. Submit your RDR through the FMCSA DataQs portal and provide all documentation upfront; incomplete submissions are frequently rejected without a full review.

Iowa, New Jersey, and Washington are the top three states by citation volume over the last 180 days. Iowa led with 667 citations (0.0% OOS rate), followed by New Jersey with 625 citations (0.0% OOS rate), and Washington with 438 citations (0.0% OOS rate). Wisconsin (437 citations) and Oklahoma (407 citations) round out the top five. Notably, California — while sixth overall with 334 citations — had the highest OOS rate among the top states at 5.4%, meaning California inspectors were more likely to park a driver than their counterparts in other high-volume states. If your routes take you through any of these states, enforcement is active.

The trend warrants attention. Our inspection records show citations surged from 576 in April 2025 to a peak of 1,675 in July 2025, then settled into a range of roughly 1,141–1,621 per month through early 2026. Over the last 12 months alone, there were 16,487 citations, representing the vast majority of the 25,125 all-time total. That means this code is being enforced far more aggressively now than at any prior point in the dataset. The last 90 days account for 3,188 citations. Combined with the code's 0.4% OOS rate, the practical risk is less about being parked and more about accumulating CSA points at a high and accelerating rate.

Both. Under FMCSA's CSA system, Unsafe Driving BASIC violations — which is the category 392.2-SLLEWA3 falls under — are attributed to the carrier whose USDOT number appears on the vehicle at the time of inspection, and also recorded against the driver in the Driver Safety Measurement System (DSMS). Carriers track their BASIC percentiles publicly; drivers carry their violation history with them when they move to a new employer. Among the top all-time carriers in our records for this code, MUNOZ TRUCKING CORP (USDOT 855861) leads with 109 citations, which illustrates how repeated driver-level violations aggregate quickly into a carrier-level BASIC problem.