FMCSR 392.2IRP: Ill or Fatigued CMV Driver — Citations, CSA & OOS

Almost certainly not — but it has happened. Across all-time records, 392.2IRP carries a 0.2% out-of-service rate (14 OOS placements out of 6,173 total citations). For context, the all-FMCSR average OOS rate is 31.4%, so this code sits far below the norm. That said, those 14 OOS outcomes are real, and an inspector who believes impairment is severe enough to create an imminent hazard retains the authority to park the truck. The citation itself does not trigger an automatic OOS order, but your condition on the day matters.

A 392.2IRP citation carries a CSA severity weight of 8, which is one of the higher scores on the 1–10 scale. That base score gets multiplied based on how recently the violation occurred: inspections within 6 months of a safety measurement calculation receive a 3× time-weight multiplier, dropping to 2× between 6–12 months and 1× after that. Because 392.2IRP falls in the Unsafe Driving BASIC, the points can push a carrier's Unsafe Driving percentile quickly, especially given that our inspection records show 2,837 citations issued in just the last 12 months nationally.

Take these steps immediately:

1. Document your condition — note your hours driven, sleep in the prior 24–48 hours, any illness, and medications. This record is critical for a DataQs challenge.
2. Review co-occurring violations — our inspection records show that in the last 90 days, 392.2IRP most frequently appeared alongside 392.2FT (150 shared inspections), 383.23A2 — no CDL (146 shared inspections), and 396.17C — no periodic inspection proof (104 shared inspections). Check whether any of those were also written up; each carries its own CSA impact.
3. Notify your fleet safety manager the same day so the carrier can assess BASIC exposure.
4. Obtain a copy of the inspection report (MCMIS form) before leaving or as soon as possible.

It is serious from a CSA scoring standpoint, but lower-volume compared to its peer codes. The closest peer, 392.2, has accumulated 1,208,164 citations all-time versus 392.2IRP's 6,173 — meaning 392.2IRP is a relatively targeted sub-code. Its 0.2% OOS rate matches the 392.2-SLL peer exactly and is well below 392.2-SLLEQP's 2.4% OOS rate. The severity weight of 8 applies regardless of sub-code, so the CSA penalty hits just as hard. Nationally, 392.2IRP ranks #304 out of 3,036 FMCSR codes by citation volume — active enough that inspectors know it well.

Yes, you can submit a Request for Data Review (RDR) through FMCSA's DataQs system for any 392.2IRP citation on your record. Because this violation is a judgment-based finding — the inspector assessed your alertness or fitness at the time of the stop — a successful challenge typically requires documentation that contradicts the inspector's determination: ELD or logbook records showing legal hours, a medical record if illness was alleged, or a witness statement. It is harder to overturn than a documentation error (like a missing form), but it is not impossible. If the RDR is upheld, the citation is removed from your PrePass/MCMIS record and your CSA score is recalculated.

Our inspection records for the last 180 days show the enforcement is heavily concentrated in three states. North Carolina leads by a wide margin with 419 citations, followed by Texas with 212 and Iowa with 198. Illinois (96 citations) and New Mexico (94 citations) round out the top five. If your routes regularly pass through NC, TX, or IA, your drivers face a statistically higher chance of encountering this specific citation. Notably, Illinois is the only top state where an OOS placement occurred in that window — 1 out of 96 citations, a 1.0% local OOS rate.

Enforcement has been running at an elevated pace. Our inspection records show 2,837 citations in the last 12 months and 491 in just the last 90 days. Looking at the monthly trend, citation counts peaked at 358 in June 2025 and 344 in May 2025, with more recent months in the 191–227 range through early 2026. That sustained volume means inspectors are actively flagging this condition rather than treating it as a discretionary call. Given the severity weight of 8 and the Unsafe Driving BASIC placement, even a single citation can move a carrier's percentile meaningfully — compliance is an ongoing operational priority, not a one-time fix.

Both are affected. In FMCSA's CSA system, violations recorded during a roadside inspection are attributed to the carrier's BASIC scores — the carrier's Unsafe Driving percentile takes the hit from the severity weight of 8. The driver's individual record is also updated in the Driver Safety Measurement System (DSMS), which is visible to carriers during pre-employment screening. Our inspection records show that carriers like AUTO HAUL EXPRESS LLC have accumulated 27 citations under this code all-time, illustrating how repeated driver-level events compound into a measurable carrier-level pattern. A driver who accumulates multiple 392.2IRP entries may find those records surfacing in hiring reviews.