Driver cited for 392.2DIB? Get the facts: OOS rate, CSA weight, top states, and what happens next based on 13M+ real inspections.
Ranks #985 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.
Operating a commercial motor vehicle while the driver's ability or alertness is so impaired through fatigue, illness, or any other cause as to make it unsafe for the driver to begin or continue to operate the vehicle.
Direct answers grounded in TruckCodex inspection data
No. Across our 13 million inspection records, no trucks have been placed out of service for 392.2DIB—the OOS rate is 0.0%. This is a citation violation, not an immediate roadside removal. Compare that to the national average OOS rate of 31.4% across all FMCSR codes: 392.2DIB is far less likely to trigger an out-of-service order. You'll receive a citation and accumulate CSA points, but your vehicle stays in operation.
A 392.2DIB citation carries a CSA severity weight of 8 points. These points feed into your driver's Unsafe Driving BASIC under the FMCSA's CSA system. The points are typically applied for 30 days from the violation date. Since our inspection records show 409 all-time citations for this code (253 in the last 12 months), it's a documented but relatively uncommon violation. Track your CSA scores at SafetyNet to monitor your standing.
Immediate steps: (1) Do not argue roadside—accept the citation and document the officer's badge number and agency. (2) Check your medical certificate validity; co-occurring violations in our data include expired medicals (391.41APC) in 5 recent inspections. (3) Review your hours-of-service records; HOS violations (395.8A1-HOSP) appeared alongside 392.2DIB in 5 inspections over 90 days. (4) Get medical clearance if illness was a factor. (5) Request the inspection report and citation details within 10 days to prepare any DataQs contest.
392.2DIB is less severe than most peer violations in the same category. Our data shows 392.2DIB has a 0.0% OOS rate, while the broader 392.2 family averages 0.8% OOS. The most serious variant, 392.2-SLLEQP, has a 2.4% OOS rate. Ranked #986 of 3,036 FMCSR codes by citation volume, 392.2DIB is uncommon but meaningful. The 8-point CSA weight is moderate; it won't destroy your record alone, but paired with other violations it compounds quickly.
Yes, you can file a DataQs request. The RDR (Roadside Driving Records) process allows drivers to challenge citations they believe are inaccurate or improper. Since 392.2DIB is a subjective finding (officer judgment on fatigue/illness), contestability depends on your evidence: dash cam footage, logbook consistency, medical records, or witness statements can help. File within the state's deadline (typically 30–60 days). DataQs success rates vary, so gather documentation immediately after the stop.
Over the last 180 days, our inspection records show New York leads with 16 citations, followed by Pennsylvania and Georgia with 15 each. Wisconsin (9 citations), Nebraska (7 citations), and Ohio (5 citations) round out the top enforcement areas. All three top states—NY, PA, GA—have a 0.0% OOS rate for this violation, consistent with the national pattern. If you drive these corridors frequently, familiarize yourself with state-specific fatigue enforcement practices.
Yes, there's been an upward trend. Our 12-month data shows 253 total citations, with peaks in May 2025 (27 citations), July 2025 (28 citations), and August 2025 (30 citations)—the highest monthly volume. The last 90 days recorded 60 citations total. While April 2026 shows only 1 citation so far, this may reflect incomplete month data. The summer-to-fall pattern suggests fatigue violations spike during high-volume driving seasons.
Fatigue violations follow the driver, but impact the carrier too. Under FMCSA's CSA program, 392.2DIB points accumulate in your Unsafe Driving BASIC, which influences your personal driving record and hiring prospects. Fleet carriers also report violations to their own Safety Management System, affecting company metrics and insurance rates. If you're an owner-operator, the violation is tied directly to your USDOT number. Fleet managers can see all driver violations in safety audits and use them to guide training.
Where 392.2DIB is most commonly cited (last 180 days)
Other violations commonly found on the same inspection (last 90 days)
TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.
Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.
Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).
Cross-border carrier registry and Canadian recall campaigns where applicable.
TruckCodex is an independent aggregator; it is not affiliated with FMCSA, NHTSA, EIA, or Transport Canada. Always verify compliance-critical information directly with the originating agency.