FMCSR 392.2-SLLILC: Driving While Ill or Fatigued — Your Questions Answered

No. Across all 5,843 all-time citations of 392.2-SLLILC in our inspection records, zero resulted in an out-of-service order — a 0.0% OOS rate. This code is not OOS-eligible, so inspectors cannot park your truck on the spot under this violation alone. For context, the all-FMCSR average OOS rate is 31.4%, so 392.2-SLLILC sits well below that threshold. That said, "not OOS" does not mean "no consequences" — the CSA severity weight still hits your Safety Measurement System (SMS) score and stays visible to carriers and shippers who pull your record.

392.2-SLLILC carries a CSA severity weight of 8, which is near the top of the 1–10 scale. That base score is then multiplied depending on how recently the inspection occurred: violations in the last 6 months carry a 3× time-weight multiplier, dropping to 2× between 6 and 12 months, and 1× after that — up to the 24-month SMS lookback window. Because this falls in the Unsafe Driving BASIC, which regulators and insurers scrutinize heavily, a severity-8 citation can meaningfully shift your percentile ranking even without a corresponding OOS event.

Act on documentation gaps immediately. Our inspection data for the last 90 days shows that 392.2-SLLILC frequently appears alongside other violations on the same inspection report. The most common companions are 392.2-SLLLR (85 shared inspections), no proof of periodic inspection under 396.17C-PI (67 shared inspections), HOS record-keeping failures under 395.8A1-HOSP (54 shared inspections), and missing or invalid medical certificates under 391.41APC (40 shared inspections). Steps to take today:

1. Pull your driver qualification file and verify your medical certificate is current.
2. Confirm your ELD records or paper logs for the trip in question are complete and accurate.
3. Check your vehicle's last periodic inspection documentation.
4. Notify your safety manager so the inspection report enters your corrective-action process before the DataQs window closes.

It is serious from a CSA-points standpoint, but it sits at lower enforcement volume than its peer codes. Our inspection records show 392.2-SLLILC has accumulated 5,843 all-time citations, ranking it #314 out of 3,036 FMCSR codes by volume. Peer codes in the same Unsafe Driving category dwarf that figure: the parent code 392.2 alone has 1,208,164 citations, and 392.2-SLLSR has 191,232. Some peers, like 392.2-SLLEQP, carry a 2.4% OOS rate versus this code's 0.0%. The severity weight of 8, however, is consistent with the broader 392.2 family — meaning CSA point exposure is real even though roadside OOS risk is essentially zero for this specific sub-code.

Yes, you can submit a DataQs request, and it may be worth doing — especially if the citation reflects a documentation or classification error rather than a clear observed condition. The FMCSA DataQs system lets drivers and carriers file a Request for Data Review (RDR) to challenge the accuracy of inspection data in the SMS. Because 392.2-SLLILC is a judgment-based citation (the inspector assessed your alertness or condition), contesting it on factual grounds — such as misidentification of the driver, incorrect USDOT number, or a clerical error in the violation code — has a reasonable basis. Collect your dispatch records, medical certificate, hours-of-service logs, and any contemporaneous notes before filing.

Georgia, Pennsylvania, and Indiana lead the country in 392.2-SLLILC enforcement over the last 180 days. Our inspection records show Georgia issued 328 citations, Pennsylvania 139, and Indiana 134 during that period. South Carolina (116 citations) and New York (94 citations) round out the top five. All ten top states show a 0.0% OOS rate for this code, confirming that enforcement is happening at scale but is not triggering vehicle holds. Drivers running regular lanes through the Southeast and Mid-Atlantic corridor should be especially prepared for fatigue-related scrutiny at weigh stations and during Level I or Level II inspections.

Enforcement has surged in the last year and remains elevated. Our inspection records show 3,555 citations in just the last 12 months, compared to 5,843 all-time — meaning more than 60% of all recorded citations have come in the past year. Monthly volume climbed from 105 citations in April 2025 to a peak of 377 in July 2025, and has since stabilized in the 283–327 range through early 2026. The last 90 days alone account for 725 citations. While the OOS risk remains at 0.0%, this volume trend signals that inspectors are actively applying this code with increasing frequency, making CSA score management for Unsafe Driving a live concern for drivers and fleets alike.

Both the driver and the carrier are affected. Under FMCSA's CSA methodology, Unsafe Driving BASIC violations are attributed to the carrier based on inspections tied to their USDOT number, which influences the carrier's SMS percentile and can trigger investigations. Our inspection records show carriers like Federal Express Corporation (USDOT 86876) with 44 all-time citations and J B Hunt Transport Inc (USDOT 80806) with 24 accumulating visible records. At the same time, the violation ties to the individual driver's inspection history. A severity-8 Unsafe Driving citation on a driver's record can affect hiring decisions and carrier assignments for the full 24-month SMS lookback window.