FMCSR 392.2RG: Driver Q&A — Fatigued/Ill CMV Operation

Almost certainly not. Across all-time records, 392.2RG carries a 0.1% out-of-service rate — only 103 trucks placed OOS out of 96,652 total citations. Compare that to the all-FMCSR average OOS rate of 31.4%, and this code sits far below the norm. That said, OOS is not impossible: in Illinois alone, our inspection records show a 1.9% OOS rate over the last 180 days, which is 19 vehicles sidelined on 986 citations. The inspection context matters. If an officer decides your impairment level makes continued operation genuinely dangerous, that discretion exists — but statistically it is rarely exercised under this code.

392.2RG carries a severity weight of 8 in the CSA Unsafe Driving BASIC — one of the higher scores on the scale. The actual points applied to your record are multiplied based on how recently the inspection occurred: violations in the most recent 6 months receive a 3× time-weight multiplier, violations between 6 and 12 months ago receive 2×, and violations older than 12 months receive 1×. So a fresh 392.2RG citation effectively hits your Unsafe Driving BASIC with 24 weighted points. Because this code ranked #17 out of 3,036 FMCSR codes by citation volume — with 59,296 citations in just the last 12 months — FMCSA inspectors are actively looking for it.

First, rest before you move the truck — the citation itself signals the officer believed you were impaired, and driving away immediately creates additional exposure. Then pull your inspection report and cross-reference every item flagged. Our inspection records show that in the last 90 days, 392.2RG appeared on the same inspection as inoperable lamps (393.9, 3,034 shared inspections), missing periodic inspection proof (396.17C, 2,730 shared inspections), and defective windshields (393.78, 1,663 shared inspections). If any of those secondary violations are on your report, address the equipment issues before the next dispatch. Document corrective actions in writing and notify your safety manager so the fleet's BASIC scores can be tracked.

Yes — both in volume and severity weight. At #17 out of 3,036 FMCSR codes nationwide by citation count, 392.2RG is cited far more often than most regulations on the books. Within its own peer group, the parent code 392.2 has accumulated 1,208,164 all-time citations with a 0.8% OOS rate, while 392.2-SLLEQP carries a 2.4% OOS rate across 72,352 citations. By comparison, 392.2RG's 0.1% OOS rate is lower, but its severity weight of 8 means every citation still delivers a significant CSA punch. The 12-month volume of 59,296 citations also confirms this is not a rarely-enforced edge case — inspectors write it regularly.

Yes, you can submit a Request for Data Review (RDR) through FMCSA's DataQs system for any 392.2RG citation you believe was incorrectly recorded. DataQs challenges work best when there is a documentation error — wrong driver, wrong vehicle, incorrect date, or a factual inaccuracy in how the violation was coded. Because 392.2RG is a judgment-based finding (an officer's assessment of your alertness or physical condition), successfully overturning it on the merits is harder than contesting a missing-paperwork violation. Focus your challenge on provable factual errors in the inspection record rather than disputing the officer's observation. Approved corrections remove the citation from your PSP report and adjust your BASIC score.

Texas dominates enforcement of this code by a wide margin. Our inspection records show Texas logged 21,497 citations under 392.2RG in the last 180 days alone — more than seven times the next closest state. Iowa ranked second with 2,812 citations, followed by Illinois with 986 citations in the same period. North Carolina (966 citations) and New Mexico (286 citations) round out the top five. If your routes run through Texas, treat 392.2RG as a routine enforcement risk rather than an exceptional one. Inspectors there are writing this citation at a pace that accounts for the vast majority of national volume.

Urgent — especially given the enforcement pace our data reflects. The last 12 months produced 59,296 citations under 392.2RG, averaging over 5,000 per month from May 2025 through March 2026. The 90-day count stands at 12,303, which means enforcement is not slowing down. Because the CSA severity weight is 8 and recent violations receive a 3× time multiplier, a citation from the past six months is actively inflating your Unsafe Driving BASIC right now. Fleets should also note the co-occurring equipment violations pattern: 3,034 392.2RG inspections in the last 90 days also flagged inoperable lamps (393.9), suggesting officers are conducting full inspections when they pull a fatigued-driving stop.

Both. FMCSA's CSA methodology attributes the violation to the driver's Pre-employment Screening Program (PSP) record and simultaneously to the carrier's BASIC score for the Unsafe Driving category. The driver carries the citation on their PSP for three years, which prospective employers can review during hiring. The carrier's Unsafe Driving BASIC reflects the violation on a rolling 24-month basis. This dual attribution means a single 392.2RG citation — with its severity weight of 8 — creates risk exposure on two fronts at once. Carriers with multiple drivers accumulating this code compound the effect quickly, which is why the top carriers in our database have tallied citation counts in the dozens to hundreds under this single code.