FMCSR 392.2DH: Operating While Ill or Fatigued

No. Across our inspection records, 392.2DH has never resulted in an out-of-service placement—the OOS rate is 0.0% on all 41 all-time citations in our database. This citation does not trigger an immediate roadside removal, though it still carries enforcement consequences. Compare this to the national FMCSR average OOS rate of 31.4%, showing 392.2DH is handled as a warning-level violation rather than an immediate safety shutdown.

A 392.2DH citation carries a CSA severity weight of 8 points. That weight is applied once per citation and multiplied by 1 if cited in the last 30 days, 0.875× if in days 31–90, and scales down further for older violations. With only 2 citations in the last 90 days across 13 million inspections, you're seeing a rare infraction—most drivers never receive one.

Immediate steps:

1. Document the time, location, and specific reason the officer cited you (fatigue, illness, impairment signs).
2. Request a copy of the inspection report and citation paperwork before leaving the roadside.
3. Note any witness information or dashcam footage from the stop.
4. Contact your carrier's compliance or safety department to report the citation.
5. If you believe the citation is factually incorrect, gather supporting evidence (medical records, logbook data, witness statements) within 30 days for a DataQs challenge.
6. Do not ignore the citation—it will appear in your motor carrier report and CSA profile.

Unlike out-of-service violations, you can continue operating immediately, but your carrier may require an explanation or retraining.

It's a lower-severity infraction within the Unsafe Driving category. Our data shows 392.2DH has been cited only 41 times all-time (ranked #1687 of 3,036 FMCSR codes), while the parent code 392.2 has 1,208,164 citations with a 0.8% OOS rate. The 0.0% OOS rate on 392.2DH indicates inspectors treat it as a judgment call—not an automatic safety removal. However, the 8-point CSA weight means repeated citations will damage your safety profile over 12 months.

Yes. You can challenge a 392.2DH citation through the DataQs Roadside Document Review (RDR) process if you have evidence the inspector's finding was factually wrong—for example, if you can show medical documentation proving you were not impaired, or logbook records confirming you were properly rested. DataQs operates outside the legal system and takes 30–60 days; success requires contemporaneous evidence, not testimony. Consult your carrier's safety team or a transportation attorney for guidance on your specific case.

In the last 180 days, across 13 million inspections, 392.2DH citations were concentrated in Iowa (4 citations, 0 OOS) and Illinois (2 citations, 0 OOS). Both states recorded a 0.0% out-of-service rate. The extremely low citation volume nationwide (16 in the last 12 months, 2 in the last 90 days) reflects how rarely inspectors cite fatigue or illness as a primary violation—most cases are documented through hours-of-service or logbook violations instead.

Lower urgency from a roadside enforcement standpoint—0.0% OOS rate means you will not be stopped and taken out of service. However, compliance urgency depends on the reason cited. If the inspector noted fatigue, you must address rest patterns and log compliance immediately to prevent a pattern. Our data shows a 2-citation count in the last 90 days, suggesting sporadic enforcement. Your carrier may require a fitness-for-duty evaluation or safety retraining; check with your compliance officer for company-specific consequences.

Both. FMCSA CSA scoring attributes driver and carrier safety records to the employing motor carrier's Unsafe Driving BASIC. A 392.2DH citation will appear in your personal driving record, your carrier's CSA profile, and roadside inspection history. If you move carriers, the citation remains on your permanent record. Your new carrier will see it during hiring and may restrict your assignment or eligibility. The 8-point CSA weight stays on the carrier's account for 36 months.