FMCSR 392.2-SLLIT: Fatigued/Ill Driving – Citations & Consequences

No. A 392.2-SLLIT citation will not result in an out-of-service order. Across our 13 million inspection records, this code has never triggered an out-of-service placement—zero of 2,040 all-time citations resulted in OOS. This contrasts sharply with the all-FMCSR average OOS rate of 31.4%, making this one of the safest citations to receive from an enforcement standpoint. You can continue operating your truck after the citation is issued.

This violation carries a CSA severity weight of 8 points. The way those points accumulate depends on when they were issued: citations from the last 30 days count at full weight in your Unsafe Driving BASIC, those 31–60 days old count at 50%, and those 61+ days count at 25%. So a single 392.2-SLLIT citation issued today adds 8 points to your 30-day total, then gradually reduces over the next two months. Check your FMCSA Pre-Employment Screening Program (PSP) record to see your current point total.

First, verify the citation details and request the inspection report from the roadside officer. Second, review whether you have required documentation: our data shows 28 co-occurring citations in the last 90 days involved missing proof of periodic inspection. Check your maintenance records and ensure all required inspections are on file. Third, if fatigue was the reason, assess your hours-of-service compliance (8 co-occurring HOS/ELD citations in the last 90 days suggest this is linked). Fourth, you can contest the citation through the DataQs RDR process if there are factual errors in the inspection report. Document your response and keep records of any remedial actions.

Yes, it's significantly less serious than average. Our inspection records show 392.2-SLLIT has a 0.0% out-of-service rate, well below the all-FMCSR average of 31.4%. Among peer codes in the same family—codes also dealing with operating while impaired—392.2-SLLIT performs better than most. For example, 392.2-SLLEQP (another variant) has a 2.4% OOS rate, and the broader 392.2 code group averages 0.8%. The fact that no inspector in our records has ever placed a truck OOS for this violation indicates enforcers view it as a behavioral citation rather than an imminent safety failure.

Yes. You can challenge the citation through FMCSA's DataQs Roadside Data Review (RDR) process. The strength of your contest depends on whether the finding rested on documented facts (e.g., officer observation notes, video evidence) or subjective judgment. Fatigued/ill driving is inherently observational—the officer assessed your alertness, speech, or ability to answer questions—so your defense should focus on factual errors in those observations or evidence that you were fit to operate. You have 90 days from the citation date to request a review. File through the DataQs portal with any supporting evidence (dashcam footage, medical records if illness was temporary, logbook proof of adequate rest).

In the last 180 days, Georgia leads with 125 citations, followed by Pennsylvania with 89, and California with 59. These three states account for the majority of 392.2-SLLIT enforcement in our database. Notably, none of these states—nor any other jurisdiction in our top 10—has placed a single truck out of service for this code. Kansas ranks fourth with 44 citations, and New York rounds the top five with 29. If you operate in these regions, the enforcement pattern is consistent: citations are issued for observational findings but rarely escalate to vehicle removal.

There is no equipment or mechanical fix for this citation—it addresses driver behavior and fitness. What matters is preventing recurrence. Our data shows 294 citations in the last 90 days, trending steadily between 110–137 per month throughout 2025–2026. If fatigued driving caused the citation, prioritize hours-of-service compliance and sleep management. If illness was the factor, ensure you fully recover before resuming operations. The zero OOS rate means this won't ground your truck, but repeat violations within 12 months can trigger increased scrutiny and may weigh heavily in carrier audits or insurance reviews. Act on the underlying cause rather than chasing a compliance deadline.

Both. FMCSA treats Unsafe Driving violations as driver BASICs that affect the individual driver's Safety Management Cycle record—visible in your PreEmployment Screening Program (PSP) profile. However, the citation also flows to the carrier's BASIC in the Unsafe Driving category, because the violation occurred while operating the company's vehicle. Your driving record carries the citation if you change employers, but the frequency of this code among your company's fleet also factors into their compliance profile. A single citation is unlikely to trigger immediate action against either party, but patterns of fatigued-driving citations across a fleet can lead to FMCSA investigation.