FMCSR 392.2P: Operating While Ill or Fatigued—Driver Q&A

No. Across our inspection records, 392.2P results in an out-of-service order in only 0.4% of cases—just 1 citation out of 256 total. This is significantly lower than the all-FMCSR average OOS rate of 31.4%. The vast majority of drivers cited for operating while ill or fatigued are allowed to continue the trip or leave on their own terms, though the citation itself still carries enforcement consequences.

392.2P carries a severity weight of 8 CSA points. This is one measure of how FMCSA weighs the violation in your safety profile. The points are recorded in the Unsafe Driving BASIC and persist in your carrier's compliance history. The actual impact on your employment or carrier standing depends on your company's internal policy and your cumulative violation history.

First, document the reason for the citation and the inspector's notes—fatigue findings are often judgment-based rather than equipment failures. Review the inspection report for accuracy. If you disagree with the finding, you have the right to contest it through the FMCSA's DataQs (Database Quality System) within 120 days. Inform your carrier's safety department right away. Check whether other violations were cited in the same inspection; our data shows 392.2P commonly co-occurs with speeding and ELD documentation issues.

392.2P is relatively low-risk for out-of-service action compared to the national average. While peer codes in the same category—like 392.2-SLLEQP—can trigger OOS in up to 2.4% of cases, 392.2P sits at 0.4%. However, the 8-point CSA severity weight means it still registers as a meaningful safety finding. It ranks #1141 out of 3,036 total FMCSR codes by citation frequency, so it's not the most cited violation, but it does appear consistently in our database.

Yes. The FMCSA's DataQs system allows drivers and carriers to challenge citation accuracy within 120 days of inspection. For 392.2P, your case is strongest if you can show the officer's judgment call was incorrect—for example, if you have medical documentation that you were fit to drive, or if your logbook and ELD records contradict the fatigue finding. Objections based on data errors (wrong dates, vehicle identification, etc.) are also routinely accepted. Submit your challenge with supporting evidence through your carrier's safety department or directly to FMCSA.

In the last 180 days, 392.2P citations are most frequent in Texas (25 citations), Iowa (22 citations), and Illinois (14 citations). Notably, none of these top three states have recorded an out-of-service action tied to 392.2P. If you operate in these regions regularly, be aware that state enforcement patterns may reflect different patrol priorities or inspection focus areas.

Our 12-month trend shows moderate volatility. We recorded 151 citations in the last year, down slightly from 257 all-time. May 2025 was the busiest month with 20 citations (and 1 OOS), while April 2026 had just 1 citation. This suggests enforcement is not accelerating; rather, it remains a stable but infrequent finding. The low volume overall means any single state or carrier's pattern is less predictable than violations cited thousands of times annually.

Both. The citation is recorded against the driver in FMCSA's Public Crash Query and CSA database, affecting your personal driving record. It is also attributed to the carrier's safety profile under the Unsafe Driving BASIC. This dual attribution means the violation can influence your employability with future carriers and your company's insurance premiums and audit outcomes. Carriers are responsible for hiring and retention decisions based on driver violation history.