FMCSR 392.2FT: Fatigued Driving Citations Explained

Almost certainly not. Across all 8,732 all-time citations in our inspection records, only 4 resulted in an out-of-service order—a 0.0% OOS rate. For context, the average OOS rate across all FMCSR codes is 31.4%, so 392.2FT sits dramatically below that benchmark. While the code is OOS-eligible in theory, inspectors have exercised that authority less than once per thousand stops. You will almost always be allowed to continue driving after receiving this citation, though the violation still lands on your record and feeds into CSA scoring.

392.2FT carries a severity weight of 8—one of the higher values in the FMCSA's Safety Measurement System. That base score is then multiplied depending on how recent the inspection is: violations from the last 6 months receive the heaviest multiplier, and the impact tapers over a rolling 24-month window. Because this falls in the Unsafe Driving BASIC, which FMCSA weighs heavily in carrier intervention decisions, a single citation at severity 8 can move the needle noticeably on your percentile ranking. Addressing the underlying fatigue or illness issue promptly matters for keeping that score from compounding.

Start by reviewing your full inspection report, not just the 392.2FT line. Our inspection records show that in the last 90 days, this citation appeared alongside 396.17C (no proof of periodic inspection) in 221 shared inspections, 383.23A2 (no CDL) in 160, and 393.9TS (inoperative turn signal) in 73. That pattern means inspectors often find additional issues during the same stop. Steps to take immediately:

1. Pull all co-cited violations from the inspection report.
2. Correct any equipment deficiencies before your next dispatch.
3. Gather documentation showing your hours-of-service logs were compliant.
4. Notify your safety manager so CSA exposure can be assessed.
5. Consider whether a DataQs challenge is warranted (see below).

It's serious from a CSA-points standpoint, but enforcement volume is relatively low. 392.2FT ranks #245 out of 3,036 FMCSR codes by citation count, which means it's cited more often than most codes but far less than its closest peer, 392.2, which has accumulated 1,208,164 citations. That peer code carries a 0.8% OOS rate; 392.2FT's is 0.0%. However, all variants in this category share the same Unsafe Driving BASIC designation, and severity weight 8 is consistent across the family. The relatively low volume (8,732 all-time) suggests inspectors apply this specific sub-code selectively, which may mean citations that do get written are harder to contest.

Yes, you can submit a Request for Data Review (RDR) through FMCSA's DataQs system. Any driver or carrier can challenge the accuracy of an inspection record this way. For a 392.2FT citation, the strongest grounds are typically documentary: if your hours-of-service logs, ELD data, or medical records contradict the inspector's determination that you were impaired by fatigue or illness, include those as evidence. Because this is a judgment-based finding rather than a clear equipment defect, the outcome often hinges on the quality of your supporting documentation. If the challenge succeeds, the violation is amended or removed and your CSA score is updated in the next data refresh.

North Carolina is by far the leading enforcement state. In the last 180 days, our inspection records show NC issued 1,544 citations for 392.2FT—more than four times the next state. Illinois came in second with 330 citations (including 1 OOS order), and New Mexico ranked third with 16 citations. Kentucky and Pennsylvania round out the top five with 3 and 2 citations respectively. If your routes regularly pass through North Carolina or Illinois, those are the corridors where pre-trip fatigue assessments and clean documentation matter most.

Enforcement has been volatile but is clearly accelerating. Our inspection records show citations jumped from 197 in April 2025 to a 12-month peak of 727 in March 2026. Over the full last 12 months, 4,541 citations were issued, meaning more than half of the code's 8,732 all-time total came in a single year. The 90-day count stands at 1,112. Even though the OOS rate remains at 0.0%, that volume surge signals that inspectors are actively flagging this behavior. Fleets running high-mileage schedules or overnight operations should treat this as an emerging audit priority, not a background risk.

It follows both. Under FMCSA's CSA system, an Unsafe Driving BASIC violation like 392.2FT is attributed to the carrier for purposes of the carrier's Safety Measurement System percentile. At the same time, the inspection record is tied to your CDL and appears in your Pre-Employment Screening Program (PSP) report, which prospective carriers can pull when you apply for a driving job. That means a severity-8 citation stays visible to future employers regardless of whether you stay with your current carrier. Keeping your PSP clean is just as important as protecting your fleet's CSA score.