FMCSR 392.2-SLLL: Operating While Ill or Fatigued — Q&A

Direct answers on CSA points, out-of-service risk, and next steps after a 392.2-SLLL citation. Data from 13M+ roadside inspections.

Severity Weight
8
OOS Eligible
No
BASIC Category
Unsafe Driving
Code System
FMCSR
Code:
392.2-SLLL
Code System:
FMCSR
BASIC Category:
Unsafe Driving
OOS Eligible:
No
Severity Weight:
8

Ranks #821 of 3,146 FMCSR codes by citation frequency • OOS rate of 8.7% is below the FMCSR-wide average of 33.3%.

Violation Description

State/Local Laws - Littering.

Questions & Answers

Direct answers grounded in TruckCodex inspection data

Will a 392.2-SLLL citation put my truck out of service?

No, not automatically. Across our 13 million inspection records, 392.2-SLLL carries a 9.1% out-of-service rate—meaning 91 of every 100 drivers cited for this code stay in service. That rate is significantly lower than the 31.4% average across all FMCSR codes. The violation is cited for operating while fatigued or ill, but the inspection officer uses judgment. If you're safe to continue after being observed, you'll likely stay on the road.

How many CSA points does 392.2-SLLL add to my record?

This violation carries a severity weight of 8 CSA points. CSA scoring multiplies this weight by the number of violations in a rolling 12-month window, so your total impact depends on how many times you're cited in that period. A single violation means 8 points added to your Unsafe Driving BASIC category. The more citations you accumulate, the higher your multiplier and overall score.

What do I do immediately after getting cited for 392.2-SLLL?

First, review the officer's notes on what triggered the citation—fatigue, illness, or impaired alertness. Our data shows this code often appears alongside other violations: in the last 90 days, 28 inspections included both 392.2-SLLL and 392.2-SLLSR (another fatigue variant), and 9 included emergency equipment issues. Document your health status, rest periods, and any medical conditions. If you were ill or recovering, keep records. Request a copy of the inspection report and consider contacting your fleet safety manager or an FMCSR compliance resource before your hearing.

Is 392.2-SLLL serious compared to other unsafe driving violations?

It's moderate. Among peer codes in the operating-while-fatigued category, 392.2-SLLL sits in the middle tier. The main variant, 392.2-SLLSR, has a 0.1% OOS rate and 191,232 all-time citations, while 392.2-SLLEQP (also fatigue-related) has a 2.4% OOS rate. The national OOS average is 31.4%, so even at 9.1%, this code is less likely to ground your vehicle than most violations. However, it still carries 8 CSA severity points and signals a critical safety concern—fatigue and illness are root causes of crashes.

Can I challenge a 392.2-SLLL citation through DataQs?

Yes. DataQs is the FMCSA's online challenge system for roadside inspection violations. A 392.2-SLLL citation is driver-focused and based on the officer's observation of your condition—not equipment failure. Challenge grounds typically rest on whether the officer's judgment was reasonable: Were you rested? Did you disclose a medical condition the officer overlooked? Were you actually safe to operate? Gather documentation (rest logs, medical records, dispatch records) and file within 90 days of the inspection. Success depends on evidence that contradicts the officer's finding.

Where does 392.2-SLLL get cited most often?

California dominates enforcement: across the last 180 days, 129 citations were issued there—more than 10 times the count in the next highest state. Pennsylvania follows with 10 citations, and Indiana, New York, and Kansas each had 5. Within California, 14.0% of 392.2-SLLL citations resulted in out-of-service orders, the highest rate among top enforcement states. If you operate in CA, especially on high-traffic corridors, expect stricter fatigue and illness scrutiny.

How urgent is compliance after a 392.2-SLLL citation?

Urgency is high in the short term, moderate for carrier-level action. Our data shows 88 citations in the last 90 days and 424 in the last 12 months, with citations trending upward in late 2025 (December hit 35 citations, 8 OOS). This signals increased enforcement focus. Drivers cited should immediately assess health status and rest sufficiently before the next shift—the violation itself is about fitness to drive now, not equipment repair. For fleets: if your carrier appears in the top violators (THE MORNING STAR TRUCKING CO LLC leads with 11 all-time citations), safety policies around driver fatigue and health screening warrant review.

Does a 392.2-SLLL violation follow me or my carrier's safety record?

Both. A fatigue or illness citation affects your individual CSA record (Unsafe Driving BASIC) and your carrier's record (same BASIC). FMCSA tracks violations at both the driver and company level. If you're an independent owner-operator, it impacts only you. If you're employed, the violation appears on both your profile and your carrier's FMCSA Safety Management System (SMS) page. Multiple drivers cited for the same issue signals a carrier-level fatigue-management problem, which can trigger audits or safety interventions.

Last updated: 2026-04-20T14:26:10.532Z Answers reference TruckCodex inspection data Read the full article → Fleet FAQ →

Top Enforcing States

Where 392.2-SLLL is most commonly cited (last 180 days)

1. California
135
OOS 8.1%
2. Pennsylvania
9
OOS 0.0%
3. Mississippi
4
OOS 0.0%
4. Indiana
3
OOS 0.0%
5. Arkansas
3
OOS 0.0%
6. Kansas
3
OOS 0.0%
7. Iowa
3
OOS 0.0%
8. Alabama
2
OOS 0.0%
9. Florida
2
OOS 0.0%
10. Georgia
2
OOS 0.0%
11. Massachusetts
2
OOS 0.0%
12. New York
2
OOS 0.0%
13. South Carolina
2
OOS 0.0%
14. Virginia
2
OOS 0.0%
15. Nevada
1
OOS 0.0%

Data sources & freshness

TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.

Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.

Refreshed daily.

Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).

Refreshed daily.
EIA

Retail diesel and gasoline price history and state fuel-tax tables.

Refreshed weekly.

Cross-border carrier registry and Canadian recall campaigns where applicable.

Refreshed weekly.

TruckCodex is an independent aggregator; it is not affiliated with FMCSA, NHTSA, EIA, or Transport Canada. Always verify compliance-critical information directly with the originating agency.