What happens if you're cited for 392.2R (operating while fatigued or ill)? Direct answers backed by 13M+ roadside inspection records.
Ranks #1,427 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.
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.
Direct answers grounded in TruckCodex inspection data
No. Across our inspection records, 392.2R citations have resulted in zero out-of-service placements. None of the 103 all-time citations for this violation led to an OOS order, giving it a 0.0% out-of-service rate. This is significantly lower than the 31.4% national average OOS rate across all FMCSR codes, which means inspectors typically issue this citation as a warning or notice without removing your vehicle from service.
This violation carries a CSA severity weight of 8 points. The points you see on your CSA record depend on your carrier's safety event history and the 30-day rolling window FMCSA uses for the Unsafe Driving BASIC. A single citation for fatigue or illness will add 8 severity points, but your total impact on the Unsafe Driving BASIC also reflects any other violations within 30 days of this one.
First, get copies of the inspection report and citation details from the inspector. Review the specific circumstances—inspectors cite 392.2R when they observe signs you're too tired or ill to drive safely. Document your actual condition at the time (medical records, witness statements, logs). If you believe the citation is inaccurate, you can contest it through the FMCSA DataQs system by filing a Request for Data Review (RDR) within 90 days of the inspection. Notify your carrier immediately so they can address it in your file.
392.2R ranks #1408 out of 3,036 FMCSR codes by citation volume, with only 103 all-time citations in our database. Its parent code, 392.2 (operating while ill or fatigued in general), has 1,208,164 citations and a 0.8% OOS rate. The 392.2R variant is much rarer, but when cited, it typically indicates an officer observed impairment serious enough to warrant a specific notation. Compared to the 31.4% national average OOS rate, this code rarely results in vehicle removal.
Yes, you can file a Request for Data Review (RDR) through FMCSA's DataQs system within 90 days of the inspection. The success of a contest depends on the evidence. If the citation is based on the inspector's observation of fatigue or illness (subjective), you can argue the observation was inaccurate or that you were fit to operate. Provide documentation like medical records, witness statements, or vehicle logs. Equipment-based findings (brakes, coupling, lamps) are harder to contest if they were genuinely defective at inspection.
In the last 180 days, 392.2R citations were concentrated in New Mexico (6 citations, 0% OOS rate) and North Carolina (2 citations, 0% OOS rate). Our data shows this violation is geographically sparse overall—only 5 citations in the last 90 days across the entire country. New Mexico accounts for the bulk of recent enforcement, but with such low nationwide volume, no clear enforcement pattern emerges.
Over the last 12 months, our records show 48 citations for 392.2R, averaging about 4 per month. The trend is uneven: June 2025 had the highest monthly count at 10 citations, while April 2025 had just 1. The last 90 days show 5 citations total. This suggests sporadic enforcement driven by individual inspector discretion rather than a coordinated crackdown. There is no evidence of a sustained increase or decrease.
Safety violations like 392.2R affect both driver and carrier records in FMCSA's CSA system. The citation is recorded under the Unsafe Driving BASIC for the carrier's overall safety profile and the driver's personal violation history. If you move to a new carrier, the violation stays with you in your personal CSA data. Your new employer will see it when they review your record, and it will influence their hiring and monitoring decisions.
Where 392.2R is most commonly cited (last 180 days)
TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.
Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.
Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).
Cross-border carrier registry and Canadian recall campaigns where applicable.
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