FMCSR 392.2LV: Driver Q&A — CSA Points, OOS Risk & More

No. 392.2LV carries a 0.0% out-of-service rate across all 4,115 citations in our inspection records — meaning not a single driver was placed out of service under this code. For context, the all-FMCSR average OOS rate is 31.4%, so this code sits dramatically below the norm. That said, a zero OOS rate does not mean the citation disappears — it still hits your CSA record and counts against your carrier's Unsafe Driving BASIC. The officer documented a fitness concern; that finding travels with you regardless of whether you were sidelined on the spot.

392.2LV carries a severity weight of 8 — one of the higher values on the scale. Your actual CSA point total is multiplied based on how recently the inspection occurred: violations in the last 6 months receive a 3× time-weight multiplier, dropping to 2× between 6–12 months, and 1× after that. So a fresh 392.2LV citation could effectively register as 24 weighted points in the Unsafe Driving BASIC during the first 6 months. Because our records show 2,033 citations were issued in just the last 12 months, inspectors are actively writing this code — it is not a rarely-used technicality.

Act on documentation and co-occurring issues immediately. Our inspection data shows that in the last 90 days, 392.2LV most frequently appears alongside speeding codes — 33 inspections also included 392.2-SLLS2 (speeding 6–10 mph over), and 18 included 392.2-SLLS4 (15+ mph over). That pattern suggests inspectors are flagging fatigue in tandem with speed events.

Steps to take now:

1. Pull your ELD or paper log and confirm your Hours of Service were compliant at the time.
2. Document any medical condition, illness notes, or rest stop records that contradict the officer's observation.
3. Check whether any co-cited violations (speeding, lighting) are separately correctable — 11 inspections also included 396.17C (no proof of periodic inspection), which can sometimes be resolved with documentation.
4. Notify your fleet safety manager so they can open the DataQs window if the finding is inaccurate.

It depends on what you're comparing. Within the Unsafe Driving category, 392.2LV's 0.0% OOS rate looks mild next to 392.2-SLLEQP, which carries a 2.4% OOS rate across 72,352 citations in our database. However, the severity weight of 8 matches the high end of the CSA scale — the same weight assigned to the parent code 392.2, which has accumulated 1,208,164 citations. The all-FMCSR average OOS rate is 31.4%, and 392.2LV sits at 0.0%, so it will not bench your truck. But the CSA severity weight of 8 means it punches hard in BASIC scoring relative to its OOS risk.

Yes, you can file a DataQs Request for Data Review (RDR) for any roadside inspection record. Because 392.2LV is a judgment-based finding — an officer's on-scene assessment of your fitness to drive — it is among the more contestable citation types. There is no failed equipment reading or hard document gap to explain away; the record reflects a subjective observation. A strong RDR would include your ELD data, any medical documentation, and a written statement of facts. Our records show 4,115 all-time citations with 0 OOS placements, which reinforces that these are typically observational findings rather than clear-cut equipment failures — the kind DataQs reviewers can and do revisit.

North Carolina, Illinois, and New Mexico lead enforcement activity. In the last 180 days, our inspection records show NC issued 362 citations, IL issued 307, and NM issued 151 — all at a 0.0% OOS rate. If you regularly run lanes through the Southeast, Midwest, or Southwest, your exposure to this citation is meaningfully higher. NC alone matches the entire national 90-day volume of 362 citations in our dataset, indicating concentrated enforcement in that state. Fleet managers routing drivers through these corridors should treat fatigue documentation as a priority pre-trip item.

Enforcement is accelerating — treat this as urgent. Our inspection records show 2,033 citations in the last 12 months, compared to 4,115 all-time, meaning roughly half of all recorded citations were written in just the past year. Monthly volumes peaked at 255 in September 2025 and have ranged between 121 and 228 most months. The 90-day count stands at 362. Although the OOS rate is 0.0%, the sharp rise in citation frequency means the code is increasingly on inspectors' radar. A CSA severity weight of 8 combined with rising volume is a real BASIC score threat for any carrier with multiple drivers on the road.

Both. Under FMCSA's CSA methodology, an Unsafe Driving BASIC violation is attributed to the carrier associated with the driver at the time of inspection, affecting the carrier's BASIC percentile. The driver's own safety measurement record also carries the citation, which can surface during pre-employment screening through the FMCSA Pre-Employment Screening Program (PSP). Our records show large carriers like J B Hunt (37 citations), Federal Express Corporation (27), and Swift Transportation (26) have accumulated 392.2LV citations over time — evidence that even well-resourced fleets face cumulative BASIC pressure when individual drivers are cited. The driver record and the carrier record are both affected simultaneously.