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

No. Across all 8,791 citations of 392.2-SLLUP in our inspection records, not a single driver was placed out of service — a 0.0% OOS rate. This code is not OOS-eligible under current FMCSA enforcement criteria. For context, the all-FMCSR average OOS rate is 31.4%, so you are dealing with a citation that carries real CSA weight without the immediate operational shutdown risk. That said, 0.0% OOS does not mean zero consequences — the violation still hits your CSA score and stays visible to safety reviewers and shippers screening your DAC or safety profile.

392.2-SLLUP carries a severity weight of 8, which is near the top of the CSA severity scale (maximum is 10). That base score is then multiplied based on how recently the inspection occurred: violations in the last 6 months receive a 3× time-weight multiplier, dropping to 2× between 6 and 12 months, and 1× after that. Because this code falls in the Unsafe Driving BASIC — one of the most scrutinized by FMCSA and carriers — even a single citation can push a driver or fleet into an alert threshold quickly. The 6,307 citations recorded in just the last 12 months in our database underscore how actively this code is being written.

Take these steps immediately after the citation:

1. Get a copy of your inspection report. Verify every field — officer ID, location, time — for DataQs later if needed.
2. Check for co-occurring violations. Our records show that in the last 90 days, 392.2-SLLUP frequently appears alongside emergency warning device violations (167 shared inspections for 392.22A-D and 154 for 392.22B-DFPWD) and HOS record violations (41 shared inspections for 395.8A1-HOSP). If any of those were also written on your inspection, address them separately.
3. Notify your fleet safety manager the same day. The Unsafe Driving BASIC has no grace period before the score updates.
4. Document your condition at the time — medical logs, sleep records, or dispatch communications — in case you contest.

It's mid-range in citation volume but high in CSA severity. Among peer codes in the same category, the base 392.2 code has 1,208,164 all-time citations compared to 392.2-SLLUP's 8,791 — so this specific sub-code is far less common, ranked #243 out of 3,036 FMCSR codes nationally. However, its severity weight of 8 matches or exceeds most of those peer codes. Notably, 392.2-SLLEQP carries a 2.4% OOS rate while 392.2-SLLUP sits at 0.0%, meaning inspectors treat this sub-code as a documentation or behavioral finding rather than an immediate safety removal trigger — but the CSA scoring impact is still significant.

Yes, you can submit a DataQs request, and it's worth doing if the facts support it. DataQs (the FMCSA Data Quality system) allows drivers and carriers to challenge inspection findings through a formal Request for Data Review (RDR). Because 392.2-SLLUP is a judgment-based, behavioral citation — not an equipment defect with a measurable threshold — your strongest grounds are factual inaccuracies: wrong driver, wrong vehicle, incorrect location or time, or a citation written without sufficient documented basis. The 0.0% OOS rate across 8,791 citations suggests inspectors are not finding hard physical evidence to remove drivers; that same lack of hard evidence can support a DataQs challenge if the officer's notes are thin.

Louisiana, Pennsylvania, and Nebraska are the top three states for this citation in the last 180 days. Louisiana leads with 516 citations, followed closely by Pennsylvania at 392 and Nebraska at 390. Arizona (228 citations) and Massachusetts (227 citations) round out the top five. All of these states show a 0.0% OOS rate, consistent with the national pattern for this code. If your lanes run through any of these states — particularly Louisiana or Pennsylvania — your drivers should expect heightened enforcement attention for behavioral and fatigued-driving violations.

Yes — our inspection records show a sharp and sustained enforcement spike. Citations jumped from 171 in April 2025 to a peak of 659 in September 2025, then held above 500 per month through March 2026. The last 90 days alone account for 1,267 citations. That trajectory means enforcement is running at roughly 6,300+ citations per 12-month window, compared to 8,791 total all-time — meaning the majority of all recorded citations for this code have been written in a compressed recent window. Fleets should treat this as an actively escalating enforcement priority, not a legacy or rarely-used code.

It hits both. Under FMCSA's CSA methodology, Unsafe Driving BASIC violations are attributed to the carrier's Safety Measurement System (SMS) profile and simultaneously recorded against the driver's inspection history in the Driver SMS. The citation is tied to your CDL number and travels with you if you change employers — a future carrier running a pre-hire background check will see it. For the carrier, with names like NEW PRIME INC (91 all-time citations) and WESTERN EXPRESS INC (42 citations) appearing at the top of our database, fleets accumulating multiple 392.2-SLLUP entries face compounding Unsafe Driving BASIC percentile pressure that can trigger FMCSA interventions.