FMCSR 392.2T: Operating While Ill or Fatigued — Citations & Consequences

Almost never. Across our inspection records, only 3 out of 528 all-time citations for 392.2T resulted in an out-of-service order—a 0.6% OOS rate. For context, the national average OOS rate across all FMCSR codes is 31.4%, so 392.2T is far less likely to sideline your truck. However, the citation itself still counts against your CSA record and your carrier's safety profile.

Code 392.2T carries an 8-point severity weight in the CSA system. That weight is then multiplied based on the violation's age within your 30-month CSA history—newer violations carry heavier weight. A single citation won't automatically disqualify you or trigger intervention, but multiple violations or a pattern of fatigue-related citations will accumulate points and increase scrutiny from insurers and safety auditors.

First, document the date, time, and location of the inspection, as well as the inspector's name and badge number. Our data shows that 392.2T citations frequently co-occur with equipment issues—6 inspections in the last 90 days paired 392.2T with inoperable lamps (393.9), 4 with missing fire extinguishers (393.95A), and 3 with windshield defects (393.78). Even if those weren't cited, conduct a vehicle walk-around. Then notify your fleet manager or carrier immediately so they can review the citation details and begin contesting it if warranted.

392.2T is one of several fatigue-related codes in FMCSR 392.2 but accounts for only a small fraction of total citations in that family. Across our database, the parent code 392.2 has 1,208,164 all-time citations with a 0.8% OOS rate, while 392.2T itself has only 528 citations. This suggests 392.2T is either cited less often or is a narrower variant; in either case, it ranks #896 out of 3,036 FMCSR codes by citation volume, making it a low-frequency violation that still carries meaningful CSA weight.

Yes, you may be eligible to contest through the DataQs (Roadside Data Quality Questionnaire) process. DataQs allows drivers and carriers to challenge inspection findings if there is evidence of inspector error, missing vehicle defect documentation, or procedural failure. Since 392.2T is an observable driver condition rather than a hard equipment failure, contestability depends on whether the inspector documented specific, objective indicators (bloodshot eyes, erratic lane changes, etc.) or made a subjective judgment without evidence. Consult your carrier's compliance team or a transportation attorney for your specific case.

Our records for the last 180 days show Texas leads by far, with 56 citations. Iowa follows with 15 citations, and Illinois with 8. The remaining top states—New Mexico, North Carolina, and Pennsylvania—each have only 1–4 citations. Texas accounts for roughly 60% of all 392.2T citations in our recent dataset, suggesting either higher enforcement activity there or higher violation frequency among trucks operating in that region.

The violation is not an emergency, but it does begin affecting your CSA Unsafe Driving BASIC immediately. Our 12-month trend shows citations peaked in June 2025 with 37 incidents, then stabilized around 13–23 monthly. The citation won't trigger automatic disqualification, but it stays on your record for 36 months and counts toward the thresholds that trigger Safety Alert interventions. If you accumulate additional violations, your BASIC score will rise and could trigger carrier review, insurance premium increases, or DOT attention.

Both. The citation is recorded against both your individual FMCSR safety record and your current carrier's CSA profile—specifically in the Unsafe Driving BASIC category. If you change carriers, the citation stays with you, but your new employer's BASIC scores improve because your violation is no longer attributed to their fleet. Your prior carrier's history retains the citation. This is why drivers with violations may face higher insurance costs or reluctance from new carriers, even after a job change.