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

No. Across all-time records in our database, 392.2RR citations have resulted in zero out-of-service placements. Our inspection data shows a 0.0% OOS rate for this code—meaning every single 392.2RR citation we've recorded allowed the driver to continue operating.

For context, the national average OOS rate across all FMCSR codes is 31.4%, so 392.2RR is significantly less likely to trigger an immediate roadside removal. However, the citation itself will still appear on your record and carry CSA consequences.

A 392.2RR citation carries a severity weight of 8 CSA points. This weight applies within the Unsafe Driving BASIC category.

Your 30-day point total depends on how many violations you accumulate in that window. If you receive one 392.2RR citation, you'll add 8 points to your Unsafe Driving BASIC. Multiple citations or co-occurring violations in the same inspection or rolling 30 days will compound your score. Check your PrePass or FMCSA portal regularly to track your real-time BASIC scores.

First, do not ignore the citation. Take these steps:

1. Document your state when cited — record when you felt fatigued or ill, what prompted the officer's concern, and any medical or logistical context.
2. Review the inspection report — obtain the full roadside inspection (MVIR) from your carrier and the FMCSA Safety Management System within 24 hours.
3. Alert your carrier — notify your fleet safety manager or compliance contact immediately; they may need to log the violation in your file.
4. Check co-citations — our data shows 392.2RR often appears alongside inspection documentation issues. Verify your vehicle's periodic inspection is current and documented.
5. Consider appeal — if you believe the citation is factually incorrect, you may contest it through the DataQs process within 30 days.

392.2RR is relatively rare but sits within a large family of related violations. Across our 13 million records, the parent code 392.2 (all ill/fatigued variants combined) has been cited 1.2 million times with a 0.8% OOS rate.

Peer codes in the same category show OOS rates ranging from 0.0% to 2.4%. 392.2RR itself ranks #2011 out of 3,036 FMCSR codes by citation volume—extremely uncommon. The rarity suggests enforcement is discretionary and fact-specific. However, the CSA weight of 8 points and the serious nature of impairment mean you should treat it as a significant event for your safety record, even if out-of-service removal is unlikely.

Yes, you can contest any FMCSR citation through the FMCSA's DataQs (Request for Data Review) system. However, contestability depends on the type of finding.

If the citation is based on the inspector's observation of your condition (fatigue, illness, impairment), challenging it is difficult because it's a judgment call recorded at roadside. If it's based on missing documentation or a procedural error in how the inspection was conducted, you have stronger grounds.

You must file through your carrier's safety contact within 30 days of the citation. The FMCSA reviews the evidence and may uphold, modify, or remove the violation. Do not delay—the 30-day window is firm.

Over the last 180 days, our records show 392.2RR citations concentrated in two states:

• Iowa: 2 citations (0% OOS rate)
• Texas: 2 citations (0% OOS rate)

These are the only states with recorded 392.2RR citations in the recent enforcement window. The overall rarity of this code—only 1 citation in the last 90 days across the entire country—means enforcement is sporadic and not tied to specific regional patterns. Risk depends more on individual officer discretion and road conditions than on geography.

There is no equipment or vehicle component to "fix" for a 392.2RR violation—it's a driver behavior citation, not a defect code. However, the operational urgency is high.

Our data shows 7 citations in the last 12 months and only 1 in the last 90 days, indicating sporadic but real enforcement. The citation signals that an officer observed unsafe driving due to your condition. The immediate action is to address the root cause: ensure you are rested, medically fit, and not driving while fatigued or ill.

From a CSA standpoint, monitor your Unsafe Driving BASIC score closely. One 392.2RR adds 8 points; accumulate too many violations in 30 days and you may trigger an intervention from your carrier or FMCSA.

A 392.2RR citation is attributed to both your driver record and your carrier's record through the FMCSA's Compliance, Safety, Accountability (CSA) program.

Your individual driver history is maintained in the FMCSA Safety Management System and visible to carriers you apply to drive for. Your carrier's Unsafe Driving BASIC score is also affected—this score is public and impacts their insurance rates, audit risk, and regulatory standing. If you move to a new carrier, the violation stays with your driver record. Work with your current carrier's safety team to prevent future citations and demonstrate a commitment to fitness-for-duty.