FMCSR 392.2-SLLEWG2: Driver Q&A — CSA Points, OOS Risk & More

Almost certainly not — but the risk isn't zero. Across all-time records for 392.2-SLLEWG2, only 52 of 8,546 citations resulted in an out-of-service order, putting the OOS rate at just 0.6%. For context, the average OOS rate across all FMCSR codes in our inspection database is 31.4%, so this code sits far below the norm. California is the outlier worth watching: in the last 180 days, CA logged a 16.0% OOS rate (15 OOS out of 94 citations), compared to 0.0% in every other top-cited state. If you're inspected in California, the practical risk of being sidelined is meaningfully higher.

This violation carries a severity weight of 8 on the CSA scale, which is one of the higher scores available — placing it squarely in the serious range. The actual points that land on your SMS record depend on a time-based multiplier: violations within 6 months of the inspection date are multiplied by 3, violations between 6 and 12 months get a multiplier of 2, and anything older than 12 months carries no multiplier. Because this falls under the Unsafe Driving BASIC, those points compete against other drivers at your carrier and can push your percentile ranking quickly if citations pile up. A single 392.2-SLLEWG2 during a peak enforcement stretch can have outsized impact.

Take these steps immediately:

1. Review the full inspection report. Our inspection records show that in the last 90 days, 392.2-SLLEWG2 frequently appears alongside other violations — notably 396.17C-PI (no proof of periodic inspection, 78 shared inspections) and 383.23A2-LCDLN (operating without a valid CDL, 53 shared inspections). Check whether you were also cited for either of those, as they carry separate CSA and legal consequences.
2. Document your condition at the time. Note your last rest period, any medical factors, and your HOS logs — this is evidence if you contest the citation.
3. Notify your safety manager or dispatcher promptly. The citation hits both your record and the carrier's BASIC.
4. Decide within 60 days whether to file a DataQs challenge if you believe the citation was incorrect.

It's mid-tier in volume but above average in OOS exposure compared to close peers. Our database shows the broader 392.2 (ill or fatigued) code family includes variants with far higher citation counts — the parent code 392.2 alone has 1,208,164 citations — while 392.2-SLLEWG2 sits at 8,546 all-time, ranked #247 out of 3,036 FMCSR codes nationally. Its 0.6% OOS rate is higher than several peer codes: 392.2-SLLSR (0.1%), 392.2RG (0.1%), and 392.2-SLLTCD (0.0%). The exception is 392.2-SLLEQP, which runs a 2.4% OOS rate. So within the ill/fatigued category, 392.2-SLLEWG2 carries more out-of-service bite than most of its siblings, though still well below the all-FMCSR average of 31.4%.

Yes, you can submit a DataQs Request for Data Review (RDR) for any roadside inspection violation, including 392.2-SLLEWG2. Because this is a driver behavior/condition finding rather than a hardware defect, your challenge needs to be evidence-based — think HOS logs showing adequate rest, medical records if illness was claimed, or a supervisor statement contradicting the inspector's observations. DataQs challenges are reviewed by the issuing agency (typically the state patrol that wrote the inspection). If they agree the citation was incorrect or unsubstantiated, it can be amended or removed from your SMS record. There is no cost to file, and the 60-day window from inspection date is the standard timeline to prioritize.

Based on the last 180 days of inspection records, the three states issuing the most 392.2-SLLEWG2 citations are South Carolina (296 citations), Florida (199 citations), and Iowa (149 citations). Connecticut (132) and New Jersey (127) round out the top five. SC leads by a significant margin — more than 50% more citations than Florida in the same period. All three top states show a 0.0% OOS rate, meaning enforcement there is resulting in citations but not sidelining trucks. California (94 citations, 16.0% OOS) is the state where a citation is most likely to also put you out of service.

Enforcement is running at an elevated level and you should act quickly. Our inspection records show 5,579 citations in the last 12 months versus 8,546 all-time, meaning recent activity accounts for roughly 65% of the entire historical count. Monthly volume over the past year has consistently stayed between 384 and 603 citations per month, with July 2025 being the single highest month at 603 citations. The last 90 days alone account for 1,046 citations. This is not a sleepy, rarely-enforced code — it is being written at a sustained high rate. Given the severity weight of 8 and the volume trend, any citation warrants immediate review of driver fitness policies and HOS compliance before the next inspection.

It follows both. Under FMCSA's CSA methodology, Unsafe Driving BASIC violations are attributed to the carrier for purposes of SMS percentile rankings, but the inspection record is also tied to the individual driver's inspection history. If you change carriers, the citation travels with your CDL number and contributes to your personal inspection history that future employers and enforcement officials can review. For the carrier, 392.2-SLLEWG2 points land in the Unsafe Driving BASIC, which is one of the most heavily scrutinized BASIC categories — carriers in high percentiles face increased roadside scrutiny and potential intervention by FMCSA. The top carrier in our database for this code, RAY WALKER TRUCKING COMPANY INC (USDOT 178847), has accumulated 56 all-time citations, illustrating how quickly a pattern can build at the fleet level.