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

Almost certainly not. Across all-time inspection records for 392.2-SLLEWPB, only 1 driver out of 2,422 citations was placed out of service — an effective OOS rate of 0.0%. For context, the all-FMCSR average OOS rate is 31.4%, so this code sits far below the norm. That said, inspectors retain discretion. If your condition is visibly severe, an OOS order is still possible. The single OOS on record shows it isn't zero — it's just extremely rare. Expect a citation and a CSA hit, not a parked truck.

392.2-SLLEWPB carries a CSA severity weight of 8, which is on the high end of the 1–10 scale. That base score gets multiplied depending on how recently the violation occurred: inspections within 6 months of a review receive a 3× time-weight multiplier, those between 6 and 12 months get 2×, and anything older than 12 months counts at 1×. A fresh citation at full multiplier puts 24 weighted points into your Unsafe Driving BASIC — one of the categories SMS scrutinizes most closely. This violation falls squarely in the Unsafe Driving category, so those points go where they hurt most.

Take these steps immediately:

1. Document your condition. Note rest taken, hours driven, and any illness symptoms. Written records matter if you contest later.
2. Check your inspection report for bundled violations. Our inspection records show that in the last 90 days, 392.2-SLLEWPB frequently appears alongside 396.17C-PI (no proof of periodic inspection, 29 shared inspections) and 392.2-SLLSR (20 shared inspections). Each co-occurring violation is a separate CSA hit.
3. Verify your periodic inspection paperwork is on board. That 396.17C-PI pairing is the most common companion — fix that gap immediately.
4. Report to your safety department. Carriers need to track these citations for BASIC score management.
5. Start a DataQs challenge if any facts on the inspection report are inaccurate.

It depends on which metric you use. On OOS risk, it's among the least dangerous — a 0.0% OOS rate versus a 31.4% all-FMCSR average. But the CSA severity weight of 8 is high, meaning enforcement agencies treat the underlying behavior as genuinely dangerous even when they don't park the truck. Peer codes tell a similar story: 392.2-SLLEQP, another ill/fatigued operating code, carries a 2.4% OOS rate, and 392.2-SLLEWA1 sits at 1.0%. At 0.0%, 392.2-SLLEWPB is at the lower end for OOS risk within its own peer group, but that severity weight of 8 keeps the CSA consequence real.

Yes, you can submit a Request for Data Review (RDR) through FMCSA's DataQs system for any roadside inspection finding. For a violation like 392.2-SLLEWPB — which is a judgment-based observation by the inspector rather than a measurable equipment defect — a successful challenge typically requires evidence that the factual basis for the citation was incorrect or that the code was applied in error. Supporting documentation such as logbook records, ELD data, or medical records can strengthen your case. If the violation is confirmed accurate, DataQs won't remove it, but if the inspector misapplied the code or documented incorrect facts, the record can be corrected or suppressed.

In the last 180 days, South Carolina leads all states by a wide margin with 277 citations, followed by Pennsylvania at 96 and New York at 53. Utah rounds out the next tier at 42 citations. South Carolina's volume is striking — it accounts for far more citations than the next state. All four of those top states show a 0.0% OOS rate, consistent with the national picture for this code. If your routes regularly run through SC, PA, or NY, expect heightened enforcement attention for this violation specifically.

Enforcement is active and growing. Our inspection records show 1,839 citations in the last 12 months alone, out of 2,422 all-time — meaning roughly 76% of all citations for this code were issued in just the past year. The monthly trend peaked at 416 citations in August 2025 and has stayed elevated, with 233 in October, 181 in November, and 153 in December. The last 90 days added 219 more. That trajectory means inspectors are applying this code more frequently, not less. Address any underlying fitness-for-duty practices in your operation now rather than waiting for a second citation to compound your BASIC score.

Both. Under FMCSA's CSA methodology, roadside inspection violations are attributed to the carrier's Safety Measurement System (SMS) BASIC scores, directly affecting the carrier's Unsafe Driving BASIC. At the same time, the violation is tied to the driver's inspection history through their CDL record and can surface in PSP (Pre-Employment Screening Program) reports that future employers pull. A severity weight of 8 in the Unsafe Driving BASIC is significant for both parties — carriers accumulate it toward intervention thresholds, and drivers carry it into their next job application. Neither party can afford to treat this as someone else's problem.