FMCSR 392.2LC: Driving While Ill or Fatigued — Your Questions Answered

Almost certainly not — but it has happened. Across all 2,699 citations in our inspection records, only 8 resulted in an out-of-service order, giving 392.2LC a 0.3% OOS rate. For context, the all-FMCSR average OOS rate across every code we track is 31.4%, so this code sits far below the norm. That said, those 8 OOS placements are real, and inspectors retain discretion. If you appear visibly impaired by fatigue or illness at the roadside, the risk — however small — is not zero.

392.2LC carries a CSA severity weight of 8, which is among the higher tier of weights in the Unsafe Driving BASIC. That base score gets multiplied depending on how recently the violation occurred: inspections within 6 months carry a 3× time-weight multiplier, those between 6 and 12 months carry 2×, and anything older than 12 months drops to 1×. So a fresh 392.2LC citation contributes an effective weighted score of 24 points in the Unsafe Driving BASIC during that first 6-month window — enough to move the needle on a fleet's percentile if citations accumulate.

First, document everything before you leave the inspection site: note your actual hours, any HOS logs, and your physical condition at the time. Second, check your inspection report for co-occurring violations — our 90-day data shows 392.2LC frequently appears alongside 392.2-SLLS1 (speeding 1–5 mph over, 32 shared inspections), 393.9 inoperable lamps (24 shared inspections), and 396.17C no proof of periodic inspection (22 shared inspections). Each of those is a separate CSA hit. Resolve any equipment defects immediately. Third, notify your safety manager the same day so the carrier can decide whether to file a DataQs challenge. Acting within days — not weeks — preserves your options.

It depends on how you measure it. On citation volume, 392.2LC ranks #470 out of 3,036 FMCSR codes — active but not among the most-cited. Its OOS rate of 0.3% is lower than several Unsafe Driving peers: for example, code 392.2-SLLEQP carries a 2.4% OOS rate and 392.2-SLLEWA1 sits at 1.0%. However, the severity weight of 8 is the same across the Unsafe Driving BASIC, meaning CSA point impact is identical regardless of that lower OOS rate. The real risk is reputational and operational — a fatigue-related finding draws heightened scrutiny in subsequent inspections.

Yes, you can submit a DataQs Request for Data Review (RDR) to challenge this citation. Because 392.2LC is a behavior-based finding — not a failed equipment measurement — your challenge will need to attack the factual basis: did the inspector have documented evidence of impairment, illness, or fatigue? Supporting documentation like ELD logs showing adequate rest, medical records, or a dash-cam timestamp can strengthen an RDR. There is no guaranteed removal, but fatigued-driving citations that lack objective evidence are among the more contestable in this category. Submit through the FMCSA DataQs portal and expect a review timeline of several weeks.

Over the last 180 days in our database, Illinois leads by a wide margin with 558 citations and a 0.5% OOS rate — nearly five times the volume of the next state. Texas is second at 114 citations (0.0% OOS rate), followed by Iowa at 51 citations (0.0% OOS rate). New Mexico and North Carolina each recorded fewer than 10 citations in the same period. If your lanes run through Illinois, expect higher enforcement exposure for this specific code and plan accordingly — Illinois inspectors appear to apply it far more aggressively than other states in our records.

Enforcement is trending meaningfully upward. Our inspection records show citations climbed from 67 in April 2025 to 174 in September 2025, and the last 12 months total 1,596 citations — nearly 60% of the entire all-time count of 2,699. That pace signals sustained or growing enforcement attention. The 90-day total of 344 citations also confirms this is not a dormant code. Because the OOS rate is low at 0.3%, the immediate operational disruption is usually minimal, but the CSA accumulation risk is real and growing. Address any underlying fatigue-management or scheduling issues before the next inspection, not after.

It follows both. Under FMCSA's CSA methodology, Unsafe Driving BASIC violations — including 392.2LC — are attributed to the carrier whose USDOT number appears on the vehicle at the time of inspection. However, the violation is also tied to your CDL number in the inspection record. If you move to a new carrier, that carrier's Safety Measurement System scores won't inherit your history, but the inspection record tied to your CDL remains visible to enforcement and to carriers running pre-hire background checks through PSP (Pre-Employment Screening Program). Both parties carry a version of the record.