FMCSR 392.2AU: Driving While Ill or Fatigued — Q&A

No, most drivers will not. Across our inspection records, only 1.5% of all 392.2AU citations result in out-of-service placement—just 23 out of 1,557 all-time citations. For context, the national average out-of-service rate across all FMCSR codes is 31.4%, so 392.2AU is well below that threshold. You can typically continue operating after receiving this citation, but address the underlying fatigue or illness before your next shift.

A single 392.2AU citation carries a CSA severity weight of 8 points. Your actual point total in the Unsafe Driving BASIC depends on when the violation occurred and how many other violations you've accumulated in the past 30 days. The FMCSA multiplies severity weight by recency to calculate your rolling score, so one citation alone may not immediately flag you—but combined with other unsafe driving violations in the same period, it can add up quickly.

First, document your citation details and request a copy of the inspection report. Second, review whether any equipment issues were cited alongside the fatigue violation—our data shows 392.2AU frequently co-occurs with missing safety equipment (26 inspections shared 396.17C for no proof of periodic inspection, and 15 shared 393.9 for inoperable lamps). Third, get medical clearance if illness was the factor, or log a mandatory 10-hour off-duty period before operating again if fatigue was cited. Fourth, contact your carrier's safety department immediately to notify them of the violation.

392.2AU is among the less-cited variations of the fatigue/illness family. While the broader 392.2 code alone accounts for 1,208,164 citations with a 0.8% OOS rate, 392.2AU has only 1,557 all-time citations. Other specific fatigue codes like 392.2-SLLSR (191,232 citations) and 392.2RG (96,652 citations) are cited far more frequently. This suggests 392.2AU is issued in narrower circumstances, making it potentially a more serious judgment call by the inspector about your actual impairment.

Yes, you can challenge any citation through the FMCSA's DataQs portal, which is the official system for contesting roadside inspection records. However, fatigue and illness findings are largely subjective observations—the inspector's notes on your appearance, response time, or vehicle handling are what FMCSA reviewers will examine. If you believe the citation was issued in error or that the inspector's documentation does not match what actually occurred, submit your DataQs appeal with your own statement and any supporting evidence (e.g., medical records if illness was the cause).

In the last 180 days, our inspection records show Illinois leads by far with 109 citations, followed by Iowa with 66 citations and North Carolina with 8 citations. Illinois and Iowa together account for the vast majority of 392.2AU enforcement. If you operate frequently in the Midwest corridor, pay extra attention to fatigue management and rest compliance, as inspectors in these states are more likely to cite this violation.

Citations peaked in mid-2025, with 117 citations in June and 101 in May. Over the last six months (November 2025 through April 2026), enforcement has dropped significantly—averaging just 31 citations per month. This suggests either increased driver awareness or seasonal variation in inspection activity. The low recent volume means you're not facing a nationwide crackdown, but the code remains enforced, so continued vigilance on rest and health is essential.

Both. The violation appears on your driving record and in your CSA Unsafe Driving BASIC (severity weight 8), which affects your personal profile as a driver. Simultaneously, it counts against your carrier's safety metrics in the same Unsafe Driving category. Your carrier's safety manager will see it and factor it into their assessment of your performance and their fleet's compliance profile. A pattern of fatigue violations across your carrier's drivers can trigger a higher scrutiny during FMCSA audits.