FMCSR 392.2IN: Ill or Fatigued Driver Violations Explained

Get direct answers on 392.2IN citations: OOS risk, CSA points, top states, and what to do after a roadside inspection.

Severity Weight
8
OOS Eligible
No
BASIC Category
Unsafe Driving
Code System
FMCSR
Code:
392.2IN
Code System:
FMCSR
BASIC Category:
Unsafe Driving
OOS Eligible:
No
Severity Weight:
8

Ranks #447 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.3% is below the FMCSR-wide average of 33.3%.

Violation Description

State Insurance Violation

Questions & Answers

Direct answers grounded in TruckCodex inspection data

Will 392.2IN put my truck out of service?

Almost certainly not. Across 3,021 all-time citations in our inspection records, only 8 resulted in an out-of-service order — a 0.3% OOS rate. For context, the average OOS rate across all FMCSR codes is 31.4%, so 392.2IN sits dramatically below the norm. While this code is OOS-eligible on paper, inspectors almost never pull the trigger. The practical risk at the roadside is low, but the CSA consequence stays with you long after the inspection ends.

How many CSA points does a 392.2IN violation add to my record?

A 392.2IN citation carries a severity weight of 8 out of a possible 10 in the FMCSA SMS system — that's a high-severity score. Points are then multiplied based on how recently the violation occurred: violations in the last 6 months get a 3× time-weight multiplier, those between 6 and 12 months get 2×, and those older than 12 months get 1×. Because this falls under the Unsafe Driving BASIC, a fresh 392.2IN citation can push a carrier's percentile quickly. A single citation at full multiplier effectively registers as 24 weighted points.

What should I do right now after getting cited for 392.2IN?

First, document everything immediately — note the time, your hours-of-service log, any communications with dispatch, and your physical condition at the time of the stop. Our inspection records show that in the last 90 days, 392.2IN frequently appears alongside 396.17C (no proof of periodic inspection, 63 shared inspections), 393.9 (inoperable required lamp, 40 shared inspections), and 390.21TB (27 shared inspections). That pattern suggests inspectors are conducting thorough reviews. Pull your full inspection report and check every co-cited violation. Correct any equipment deficiencies before your next run, and notify your safety department so they can evaluate the SMS impact.

Is 392.2IN a serious violation compared to other unsafe driving codes?

It depends on how you measure it. The 0.3% OOS rate is low — well below the 31.4% all-FMCSR average — so inspectors rarely park drivers for it at the roadside. But the severity weight of 8 makes it one of the heavier-scoring codes in SMS. Looking at peer codes in the same category, 392.2RG has 96,652 all-time citations at a 0.1% OOS rate, and the high-volume 392.2 has 1,208,164 citations at 0.8% OOS. By citation volume, 392.2IN ranks #439 out of 3,036 FMCSR codes — active but not the most common variant.

Can I fight a 392.2IN citation through DataQs?

Yes, you can submit a Request for Data Review (RDR) through FMCSA's DataQs system for any roadside inspection finding. Because 392.2IN is a judgment-based violation — an officer's assessment of your alertness or physical condition — a successful challenge typically requires objective evidence: time-stamped logs, medical records, or dispatch records that contradict the officer's observations. Unlike an equipment defect where a repair receipt resolves the dispute, fatigued-driving findings hinge on documentation of your condition and hours. File within the relevant state's review window and include all supporting records upfront, since missing documents are the most common reason RDRs are rejected.

What states write the most 392.2IN citations?

Iowa dominates enforcement of this code by a wide margin. In the last 180 days, Iowa issued 225 citations — more than double the next state. Illinois came in second with 103 citations, and New Mexico third with 76. North Carolina, Kentucky, and Pennsylvania were also active but at much lower volumes (17, 11, and 1 citations respectively). If your routes regularly pass through Iowa or Illinois, those states warrant extra attention to driver fitness documentation and hours-of-service compliance.

How urgent is it to address a 392.2IN violation — is enforcement increasing?

The trend over the last 12 months shows enforcement is meaningfully elevated compared to earlier in that window. Citations climbed from 57 in April 2025 to a peak of 162 in June 2025, then settled into a range of 80–112 per month through early 2026. The last 90 days alone account for 230 citations, which is a significant share of the 1,222 issued over the full past year. This isn't a fading enforcement priority. Addressing any underlying compliance gaps — driver fitness monitoring, HOS discipline, vehicle equipment — is time-sensitive given the 8-point severity weight and the active citation pace.

Does a 392.2IN violation follow me as a driver or does it only hit my carrier?

Both. In FMCSA's SMS, citations from roadside inspections are tied to the carrier's DOT number and affect the carrier's Unsafe Driving BASIC percentile. However, the inspection record is also linked to the driver's CDL and appears in the driver's inspection history. If you move to a new carrier, that carrier's safety team — and FMCSA — can see your individual inspection record. The data in our database shows carriers like WESTERN EXPRESS INC (30 citations) and FEDERAL EXPRESS CORPORATION (16 citations) have accumulated multiple 392.2IN hits, suggesting the carrier-side accumulation is a real fleet management concern as well.

Last updated: 2026-04-20T13:34:59.170Z Answers reference TruckCodex inspection data Read the full article → Fleet FAQ →

Top Enforcing States

Where 392.2IN is most commonly cited (last 180 days)

1. Iowa
126
OOS 0.0%
2. Illinois
107
OOS 0.0%
3. New Mexico
64
OOS 0.0%
4. North Carolina
14
OOS 0.0%
5. Kentucky
3
OOS 0.0%

Often Cited Together

Other violations commonly found on the same inspection (last 90 days)

Data sources & freshness

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.

Refreshed daily.

Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).

Refreshed daily.
EIA

Retail diesel and gasoline price history and state fuel-tax tables.

Refreshed weekly.

Cross-border carrier registry and Canadian recall campaigns where applicable.

Refreshed weekly.

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.