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

Not necessarily, but there's a real chance. Across our inspection records, 392.2H resulted in an out-of-service order in 47.1% of cases—significantly higher than the 31.4% average across all FMCSR codes. That means roughly half the drivers cited for this violation had their vehicle pulled from service on the spot. Whether you get OOS depends on the officer's assessment of how impaired your ability to drive actually was at the time.

A 392.2H citation carries an 8-point severity weight in the CSA system. The actual points added to your record depend on the 30-day multiplier: if no other violations were cited in the same 30-day window, you'll receive 8 points; if multiple violations occurred together, the multiplier increases the total impact. Check your SafetyNet account or request your CSA data to see the exact multiplier applied to your citation.

First: do not drive if you are still fatigued or ill. Second, request the full citation document and inspection report from the officer or your carrier's safety department. Third, get medical documentation if illness caused the citation—this becomes critical for any DataQs challenge. Fourth, within 15 days of the inspection, log into the FMCSA's DataQs system and review the inspection record for errors in how the violation was documented. If the officer's notes don't match what actually happened, you can submit a challenge with supporting evidence.

Yes, relatively speaking. Our data shows 392.2H has a 47.1% out-of-service rate, well above the national average of 31.4%. However, 392.2H citations are rare—only 17 all-time in our 13 million-record database, compared to 1,208,164 citations for the broader 392.2 code, which carries a much lower 0.8% OOS rate. The rarity of 392.2H enforcement suggests inspectors cite it only when they observe clear impairment, making the citation itself a serious red flag.

Yes. The FMCSA's DataQs system allows you to challenge any inspection record within 15 days if you believe the violation was documented incorrectly. For 392.2H, you would argue that the officer's conclusion about your fatigue or illness level was inaccurate or unsupported by observable facts at the time. Submit medical records, dashcam footage, or witness statements that contradict the finding. DataQs doesn't overturn citations based on disagreement alone—you need evidence that the inspection record itself contains a factual error.

In our most recent 180-day enforcement window, New Mexico accounted for 1 citation of 392.2H, resulting in an out-of-service order. The low citation count overall makes state-level patterns difficult to identify. This code is not concentrated in any single state; enforcement is scattered across the country. If you're operating in a state with high roadside inspection volume, stay alert during early morning or late-night checks, when fatigue violations are most likely to be cited.

This is not an equipment or mechanical violation—there is nothing to repair on your truck. The urgency is operational and legal. In the last 90 days, we recorded zero 392.2H citations, and only 2 in the past 12 months. The low recent volume actually works in your favor: it means the violation was serious enough that the officer felt compelled to cite despite its rarity. Your priority is addressing the underlying cause—whether that's sleep deprivation, illness, or fatigue management—and protecting your CSA record through a DataQs challenge if the citation was unjust.

Both. In the CSA system, unsafe driving violations are recorded in two BASICs: your Driver BASIC and your carrier's Unsafe Driving BASIC. The violation affects your personal safety profile and your carrier's fleet safety record simultaneously. If you move to a new carrier, the citation stays with your record, but it also counts toward your former carrier's CSA score for the duration of the lookback period. This is why it's critical to challenge it early if there's any factual error in how it was documented.