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

No, but there's a meaningful risk. Across our inspection records, 392.2DL results in an out-of-service placement 25.6% of the time—lower than the all-FMCSR average of 31.4%, but still 1 in 4 citations. All-time, 282 drivers have been placed OOS on this code while 818 were not. Your state matters: in Kentucky, 83.3% of 392.2DL citations result in OOS; in North Carolina, only 7.1% do. If you're cited, prepare for the possibility, but a clean logbook and transparent communication with the officer may work in your favor.

392.2DL carries a CSA severity weight of 8 points. That weight is multiplied by your carrier's inspection frequency over the last 12 months to calculate your final CSA score impact—typically a multiplier of 1–5 depending on how many inspections your company has received. A single 392.2DL citation won't sink your record, but it does land in the 'Unsafe Driving' category, which is one of the four FMCSA BASIC categories that regulators watch closely for enforcement and safety interventions.

Immediate actions:

1. Document everything. Write down the exact circumstances—time, location, what you were experiencing (illness, fatigue, medication side effects).
2. Check your truck. Our data shows 392.2DL often co-occurs with equipment issues: 14 citations shared inspections with missing inspection records (396.17C), 12 with broken lights (393.9), 7 with missing fire extinguishers (393.95A). Walk around and verify compliance.
3. Review your logs. If you're citing fatigue, ensure your Hours of Service record is clean and rest is documented.
4. Contact your carrier or a compliance officer before your next trip to discuss the citation and any underlying health or safety concerns.

It's moderately serious within its peer group. The broader 392.2 code family (all fatigue/illness violations) has over 1.2 million citations in our database, but 392.2DL specifically ranks #692 out of 3,036 FMCSR codes by volume—meaning it's uncommon. Its 25.6% OOS rate sits below the all-FMCSR average of 31.4%, suggesting inspectors view it as less immediately dangerous than many equipment or brake violations. However, safety agencies treat driver fatigue and impairment as root causes of serious crashes, so even though the immediate OOS placement rate is lower, the citation itself signals a core safety concern.

Yes, you can file a DataQs (Database Quality) challenge with FMCSA to contest any inspection record. 392.2DL citations are subjective observations—the officer formed a judgment about your alertness or physical state. That subjectivity makes them more defensible than hard equipment facts (e.g., a missing lamp). If you believe the officer was wrong about your condition, or if you have medical documentation showing you were fit to drive, file your challenge within 90 days at the FMCSA Safety Management System portal. Success depends on strong evidence; vague denials rarely overturn findings.

Illinois dominates: 129 citations in the last 180 days, with a 51.2% OOS rate. Iowa follows with 30 citations (26.7% OOS rate), and North Carolina third with 14 citations (7.1% OOS rate). If you drive interstate, Illinois poses the highest enforcement risk for this violation. The OOS rate variation across states—from 7.1% in North Carolina to 83.3% in Kentucky—suggests different state patrol training or policy. Know your region's standards before you're cited.

Urgent. Over the last 90 days, inspectors logged 90 citations for 392.2DL—a steady pace that shows no decline. More telling: May 2025 spiked to 78 citations, and March 2026 hit 24 OOS placements. The trend suggests enforcement is active and seasonal (warmer months, longer hours, tired drivers). Unlike equipment defects that you can repair, fatigue and illness are behavioral and health issues that require immediate action: sleep, medical care, or route planning changes. Ignoring this signal puts you at risk of repeat citations and CSA escalation.

Both. FMCSA tracks unsafe driving violations under both the driver's personal Crash Indicator (serious crashes), Moving Violations (speeding, reckless driving), and Fatigue (Hours of Service abuse) BASICs, and the carrier's Overall Unsafe Driving BASIC. A single 392.2DL citation adds 8 severity points to your company's safety profile and may appear on your record if you move to a new carrier. However, the citation is logged against the individual driver's inspection report first, so your driving history and CSA score are the immediate concern.