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

No. Across our 13 million+ inspection records, 392.2-SLML citations result in an out-of-service placement 0.0% of the time—all 1,559 all-time citations in our database were issued without an OOS order. This stands in sharp contrast to the national average OOS rate of 31.4% across all FMCSR codes. You will not be pulled from service for this violation, but the citation itself remains on your record and triggers CSA points.

This violation carries a severity weight of 8 points in the Unsafe Driving BASIC category. Under the CSA measurement system, your 30-day rolling total can fluctuate as older violations age out. A single 392.2-SLML citation will add 8 points immediately; if you receive another moving violation in the same 30-day window, those points stack. Track your CSA score regularly to understand your carrier's safety profile and your own violation history.

Immediate steps:

1. Review the citation for accuracy—date, time, location, and officer narrative.
2. Request the full inspection report from the roadside officer if you don't have it.
3. Report the citation to your dispatcher and carrier safety team immediately; they need to know for their CSA tracking.
4. Document any evidence that contradicts the finding (e.g., medical records, logbook entries, dash-cam footage).
5. Ask your carrier if they plan to contest via DataQs; you typically have 90 days from the inspection date.
6. Do not ignore it—it remains part of your safety record and affects insurance and hiring.

In terms of enforcement frequency, 392.2-SLML is relatively uncommon—ranked #589 out of 3,036 FMCSR codes by citation volume. However, the severity weight of 8 points is meaningful. Peer variants like 392.2-SLLEQP carry a 2.4% OOS rate, while the base 392.2 code generates 1,208,164 citations with a 0.8% OOS rate. The fact that 392.2-SLML has never resulted in an OOS placement suggests inspectors reserve this specific violation for documented impairment rather than equipment defects, making it slightly less grave than some related codes but still a serious safety finding.

Yes, contestation is possible through the DataQs (Crash and Roadside Inspection Snapshot) system. You have 90 days from the inspection date to file a challenge. Since 392.2-SLML is based on the inspector's observations of your physical or mental state (fatigue, illness, alertness), your defense will rely on documentation—medical records showing you were fit to drive, witness statements, or logbook proof you'd taken required rest. Equipment or paperwork errors are easier to dispute; subjective impairment assessments require strong counter-evidence. Work with your carrier's compliance team to gather and submit documentation promptly.

Our inspection records do not break down 392.2-SLML citations by state, so we cannot identify the top states where this specific violation is most common. However, enforcement volume is very light overall—zero citations in the last 90 days and zero in the last 12 months—which suggests this violation is cited sporadically across the country based on individual inspector findings rather than concentrated in any particular region or state.

No urgent trend. Our data shows zero citations for 392.2-SLML in the last 90 days and zero in the last 12 months, despite 1,559 all-time citations on record. This indicates enforcement of this specific violation is not active currently. That said, the best prevention is simple: never operate fatigued or ill. Plan rest breaks, manage your logbook to ensure adequate sleep, and report any health issues to your carrier. The violation exists because impaired driving is genuinely dangerous—focus on staying alert and fit to drive rather than worrying about citation trends.

Both. The citation appears on your individual driving record and contributes to your personal CSA profile, affecting your employability and insurance. It also counts against your carrier's safety record and their CSA Unsafe Driving BASIC score. Carriers with multiple such violations may face increased insurance premiums, reduced consumer rating, and regulatory scrutiny. This is why carriers care deeply about driver fatigue and fitness—one citation can ripple across the whole operation. Always report fitness issues to dispatch; a missed load is better than a safety violation.