Ranks #703 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.
Violation Description
Operating a commercial motor vehicle while the driver's ability or alertness is so impaired through fatigue, illness, or any other cause as to make it unsafe for the driver to begin or continue to operate the vehicle.
Questions & Answers
Direct answers grounded in TruckCodex inspection data
Will a 392.2PK citation put my truck out of service?
No. Across our 13 million inspection records, 392.2PK has never resulted in an out-of-service placement—0.0% OOS rate across all 1,124 all-time citations. This is significantly lower than the 31.4% average OOS rate across all FMCSR codes. You will receive a citation, but your truck stays in service. However, the violation itself signals an immediate safety concern that you must address before your next shift.
How many CSA points does 392.2PK add to my record?
392.2PK carries a CSA severity weight of 8. In the FMCSA's Safety Management Guidelines, your point total depends on the 30-day lookback window—each violation in the past 30 days is weighted by 8, then older violations decay. A single 392.2PK citation will add 8 points immediately. Check your CSA profile at SafetyNet or through your carrier's compliance dashboard to see your current total and how this citation affects your standing.
What do I do immediately after getting cited for 392.2PK?
Take these steps now:
Stop driving. Do not operate the CMV until you've genuinely rested or your health issue has resolved.
Document your condition. If illness was the factor, keep medical records or notes.
Notify your carrier immediately. They need to log the citation and may require a fitness-for-duty evaluation before reassignment.
Review the inspection report. Our data shows 11 co-occurring 392.2PK inspections also cited missing or improperly placed emergency warning devices—check that your vehicle equipment is compliant.
Request DataQs review if applicable (see next question).
Do not dispute the underlying fatigue or illness; address it.
Is 392.2PK a serious violation compared to other driving violations?
Yes, it is serious—but not in terms of out-of-service risk. While 392.2PK's 0.0% OOS rate is lower than the 31.4% national FMCSR average, the violation targets a core safety issue: driver impairment. Our inspection records show 392.2PK ranks #685 out of 3,036 FMCSR codes by citation volume, but the 8-point CSA severity weight reflects its safety criticality. Peer violations in the same category (like 392.2 with 0.8% OOS) show that other fatigue/illness citations carry slightly higher OOS rates, making 392.2PK a lower-enforcement variant.
Can I challenge a 392.2PK citation through DataQs?
Yes, 392.2PK citations can be contested through the FMCSA's DataQs system if you have evidence that the violation finding was factually incorrect or procedurally flawed. However, this is a subjective judgment violation—the inspector assessed your condition at the roadside. Strong contestation requires documented proof (e.g., medical records showing no impairment, timestamps proving the inspector's observation was in error). File a DataQs appeal within 30 days of the citation through SafetyNet. Objective equipment violations are easier to challenge than driver-condition findings.
Which states cite 392.2PK most often?
Over the past 180 days, our inspection database shows Iowa dominates with 76 citations, followed by New Mexico with 6 citations and Illinois with 2 citations. Iowa's high volume likely reflects both highway traffic patterns and aggressive fatigue-detection enforcement. If you operate in Iowa, be especially mindful of adequate rest and visible alertness at roadside stops; inspectors in that state are more likely to assess driver condition.
How common is 392.2PK fatigue citation enforcement right now?
In the last 90 days, our records show 39 citations for 392.2PK nationwide—about 13 per month. Over the past 12 months, enforcement has averaged 16 citations per month, with a recent peak of 23 citations in June 2025 and September 2025. Enforcement is steady but not concentrated. The violation is not trending sharply up or down, suggesting consistent baseline scrutiny. This is a lower-frequency citation than many driving violations, but it's still active.
Does a 392.2PK violation follow me as a driver or my carrier?
Both. In FMCSA CSA reporting, the violation appears on your individual Safety Event List (your driving record) and also on your carrier's record if you're at a large carrier with FMCSA registration. This affects your company's Unsafe Driving BASIC score. Some carriers may restrict your assignments pending a fitness-for-duty or fatigue-management review. The citation is tied to you as the driver, but your employer's compliance profile is also affected, which is why carriers take 392.2PK seriously.
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