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

No. Across our inspection records, only 1 out of 1,039 all-time 392.2FC citations resulted in an out-of-service placement—a 0.1% OOS rate. This is dramatically lower than the all-FMCSR average of 31.4%, making 392.2FC one of the least likely violations to trigger an immediate roadside OOS order. You will not lose your truck over this citation alone.

A 392.2FC citation carries a CSA severity weight of 8 points. These points feed into the FMCSA's Unsafe Driving BASIC and remain on your CSA profile for 36 months. The actual impact on your carrier's safety rating depends on whether the citation occurs within a 30-day window alongside other violations—multiple unsafe driving citations in one month compound the effect more heavily than isolated violations.

First, document the citation details and circumstances. Second, review your vehicle: our data shows 10 of the last 90 days' 392.2FC citations co-occurred with 396.17C (no proof of periodic inspection), and 9 co-occurred with 393.9 (inoperable lamp). Check your inspection records and lighting immediately. Third, contact your carrier's safety or compliance team—they will file the citation with FMCSA and may request documentation of your rest, medical status, or vehicle condition. Fourth, consider whether you have grounds to contest via DataQs if documentation was missing or the roadside finding was procedurally flawed.

It is serious, but less likely to trigger immediate enforcement consequences than other versions of the same code. Our inspection records show the parent code 392.2 has 1,208,164 total citations with a 0.8% OOS rate, while 392.2FC sits at just 0.1%. Related variants like 392.2-SLLEQP carry a 2.4% OOS rate. The 8-point severity weight means 392.2FC will count toward your Unsafe Driving BASIC, but enforcement pressure on this specific code variant is lower than on speeding or other equipment-linked versions.

Yes, DataQs (FMCSA's Record Dispute Resolution process) is available for any roadside inspection citation, including 392.2FC. Your challenge succeeds if you can show the inspector lacked sufficient evidence of actual impairment, failed to document observations (slurred speech, swerving, medical emergency), or violated procedure. If the citation rests on subjective judgment alone—fatigue or illness—and lacks documented facts, you have grounds to appeal. Contact your carrier's compliance department; they typically file disputes on your behalf within 90 days of the citation.

In the last 180 days, our inspection records show Iowa leads with 64 citations, followed by Texas with 40 citations, and Illinois with 38 citations. These three states account for more than two-thirds of all 392.2FC citations in the inspection database. All three states have maintained a 0% OOS rate, consistent with the national pattern. If you operate in Iowa or Texas, your awareness of fatigue and illness reporting expectations should be higher.

Response timing is driven by CSA and carrier safety requirements, not imminent roadside enforcement. Our 12-month trend shows 476 citations issued over the past year, with May 2025 the highest month at 67 citations. Only August 2025 saw one out-of-service placement among all 12 months of data. File or contest the citation within FMCSA's DataQs window (90 days) to preserve your options. Focus on documenting that you were fit to drive or that the citation lacked sufficient evidence.

Roadside inspectors often cite multiple violations in one stop. Our last 90 days of data show 392.2FC frequently co-occurs with 392.2RG (14 shared inspections), speeding codes (11 for 1–5 mph over, 4 for 6–10 mph over), 396.17C missing inspection records (10 shared), and 393.9 lamp failures (9 shared). These patterns suggest that once an officer suspects fatigue or illness, they conduct a thorough vehicle and driver inspection, surfacing equipment or documentation issues. Review all co-cited codes with the same scrutiny as the 392.2FC itself.