FMCSR 392.2C: Driver Fatigue & Illness Citations Explained

No — almost certainly not. Across all 16,197 all-time citations in our inspection records, only 2 resulted in an out-of-service placement, giving 392.2C a 0.0% OOS rate. That stands in sharp contrast to the all-FMCSR average OOS rate of 31.4%. Being cited does not mean you'll be parked on the spot. However, the citation still lands on your record and feeds your CSA score, so it carries real long-term consequences even without an immediate shutdown.

392.2C carries a severity weight of 8 — one of the higher values on the CSA scale. That base weight is then multiplied depending on how recently the violation occurred: violations within the last 6 months receive the highest multiplier, and the impact phases down over 3 years. Because 392.2C sits in the Unsafe Driving BASIC, it draws extra scrutiny from carriers and enforcement alike. Our data shows 8,908 citations issued in just the last 12 months, signaling that inspectors are actively writing this code.

Act on documentation and equipment issues right away. Our inspection records show that in the last 90 days, 392.2C frequently appeared alongside other violations on the same inspection — notably 396.17C (no proof of periodic inspection, 121 shared inspections), 393.9 inoperable required lamp (118 shared inspections), and 395.8E false record of duty status (82 shared inspections). Concrete next steps:

1. Pull your logbook or ELD records and verify they are accurate and complete.
2. Inspect all required lamps and turn signals — inspectors who write 392.2C are clearly checking them.
3. Confirm your last periodic inspection certificate is on board.
4. Document any medical condition or fatigue circumstance in writing while details are fresh.
5. Notify your safety manager so a DataQs challenge can be evaluated promptly.

Yes, relative to its peer codes it is a high-volume, high-severity finding. 392.2C has accumulated 16,197 all-time citations and ranks #159 out of 3,036 FMCSR codes by citation volume — meaning it is cited far more often than most regulations on the books. Peer codes in the same Unsafe Driving category tell a nuanced story: 392.2 (the base ill/fatigued code) has 1,208,164 citations at a 0.8% OOS rate, while 392.2-SLLEQP carries a 2.4% OOS rate. 392.2C's 0.0% OOS rate is the lowest in the group, but its severity weight of 8 keeps the CSA impact meaningful.

Yes, you can submit a DataQs Request for Data Review (RDR) for any roadside citation. Because 392.2C is fundamentally an officer's judgment call — whether your alertness or ability was impaired — the grounds for a successful challenge typically rest on documentation: accurate HOS logs, medical records, or body-camera/dashcam footage that contradicts the officer's observation. Unlike an equipment defect citation where a repair invoice often settles the matter, contesting a fatigue or illness finding requires evidence that directly refutes the officer's determination. Submit your RDR through the FMCSA DataQs portal within the applicable timeframe and include every supporting document you have.

New Mexico leads by a wide margin. In the last 180 days, our inspection records show New Mexico issued 1,562 citations for 392.2C — nearly double the next-highest state. Iowa came in second with 845 citations, and Texas third with 744 citations. Illinois (143 citations) and North Carolina (54 citations) round out the top five. If your routes pass through New Mexico in particular, inspectors there are actively enforcing this code and drivers should be prepared to demonstrate fitness to drive.

Enforcement is running at a high pace and shows no sign of slowing. Our data recorded 8,908 citations in just the last 12 months and 1,822 in the last 90 days alone. Monthly totals peaked at 1,121 citations in July 2025 and remained above 650 for most of the year. The 0.0% OOS rate means citations won't park trucks on the roadside, but the volume signals that inspectors are consistently writing this code. For fleet managers, the pattern of co-occurring violations — especially HOS record issues appearing in 82 shared inspections and ELD failures in 69 — suggests compliance gaps that compound the risk well beyond a single citation.

Both. Under FMCSA's CSA scoring system, roadside violations are attributed to the carrier's Unsafe Driving BASIC through the carrier's DOT number on record at the time of inspection. The driver accumulates the violation on their own PSP (Pre-Employment Screening Program) record tied to their CDL. Our data shows large carriers like Federal Express Corporation (70 all-time citations), J B Hunt Transport Inc (58 citations), and Werner Enterprises Inc (56 citations) each carrying measurable 392.2C totals — illustrating that carrier scores accumulate even when individual drivers rotate through a fleet.