FMCSR 392.2MI: Driving Ill or Fatigued — Citations, CSA Points & OOS Risk

Almost certainly not — but it can happen. Across all 4,245 all-time citations in our inspection records, only 13 resulted in an out-of-service order, producing a 0.3% OOS rate. For context, the all-FMCSR average OOS rate is 31.4%, meaning 392.2MI triggers an OOS order at a tiny fraction of the typical rate. That said, those 13 cases show it is possible. If an inspector decides your impairment is severe enough to make continued driving unsafe right now, they have the authority to act. The practical takeaway: you will almost certainly be cited and sent on your way, but if you are visibly impaired, exhausted, or ill, the risk of being parked is real.

392.2MI carries a CSA severity weight of 8 out of a possible 10. That is one of the higher weights in the Unsafe Driving BASIC, which already draws intense scrutiny from carriers and shippers. The severity weight gets multiplied based on how recently the inspection occurred — violations in the last 6 months carry a time weight of 3×, violations between 6 and 12 months back carry 2×, and violations older than 12 months carry 1×. So a fresh 392.2MI citation can effectively register as a 24-point event in CSA scoring during that first six-month window. Those points follow both the driver's PSP record and the carrier's BASIC percentile simultaneously.

First, keep the inspection report and document your condition, hours, and any medical context in writing while details are fresh. Second, look at every other violation on that report. Our inspection records show that in the last 90 days, 392.2MI inspections very frequently also produced citations for 393.9 (inoperable required lamp, 43 shared inspections), 396.17C (no proof of periodic inspection, 36 shared inspections), and 393.95A (missing or defective fire extinguisher, 33 shared inspections). If you picked up any of those, address them before your next dispatch — they compound your CSA exposure. Third, report the citation to your safety department immediately so they can evaluate a DataQs challenge if the facts support one.

It depends on the lens you use. On citation volume, 392.2MI ranks #374 out of 3,036 FMCSR codes — so inspectors are writing it regularly, but it is not among the top-cited codes nationally. On OOS risk, the 0.3% rate is lower than most peer codes in the same category: 392.2 (the parent code) has a 0.8% OOS rate across 1,208,164 citations, and 392.2-SLLEQP carries a 2.4% OOS rate. Where 392.2MI is genuinely serious is CSA severity — an 8-weight in the Unsafe Driving BASIC puts it near the top of the scoring scale, which means even a single citation meaningfully moves a carrier's percentile.

Yes, you can submit a Request for Data Review (RDR) through FMCSA's DataQs system for any 392.2MI citation you believe was incorrectly written. Because this violation is a judgment call by the inspector — based on observed behavior, your self-reported condition, or log analysis — there are legitimate grounds to challenge it if the facts were mischaracterized or the code was applied to the wrong driver or vehicle. Gather supporting documentation: your electronic log data, dispatch records, any medical information, and the original inspection report. Submit through DataQs at dataqs.fmcsa.dot.gov. If the challenge succeeds, the violation is removed from both your PSP record and the carrier's SMS data.

Illinois dominates the citation map by a wide margin. In the last 180 days, our inspection records show Illinois produced 479 citations for 392.2MI — far ahead of every other state. North Carolina was second with 102 citations, and New Mexico was third with 64 citations. Pennsylvania (4 citations), Iowa (3 citations), and Kentucky (1 citation) round out the recent state list but at much lower volumes. If your lanes run through Illinois or the I-80/I-90 corridor, your exposure to this citation is substantially higher than national averages would suggest.

Enforcement is running at a sustained and elevated pace. Our inspection records show 1,542 citations in the last 12 months and 334 in just the last 90 days. Looking at the monthly trend, citation counts have been largely consistent in the 98–158 range per month from October 2025 through March 2026, with a peak of 158 in June 2025. That is not a spike pattern — it is steady enforcement pressure. The OOS rate is low at 0.3%, so the urgency is less about being parked roadside and more about CSA accumulation. With a severity weight of 8 in the Unsafe Driving BASIC, even a short run of citations can push a carrier's percentile into intervention territory quickly.

It follows both. In FMCSA's CSA system, Unsafe Driving BASIC violations — which is the category 392.2MI falls under — are attributed to the driver on the Pre-Employment Screening Program (PSP) record and to the carrier in their SMS BASIC percentile simultaneously. That means a future employer pulling your PSP will see this citation, and your current carrier's Unsafe Driving percentile also takes the hit. The split attribution is one reason fleet safety managers care deeply about this code: a driver accumulating 392.2MI citations across multiple carriers carries that history forward, while each carrier absorbs the scoring impact during the period the driver worked for them.