FMCSR 392.2WC: Driver Q&A — CSA Points, OOS Risk & More

No — almost never. Across all 7,990 citations of 392.2WC in our inspection records, only 2 drivers were placed out of service, producing a 0.0% OOS rate. For context, the all-FMCSR average OOS rate is 31.4%, so this code sits far below that threshold. The violation is OOS-eligible in theory, but inspectors have exercised that authority only twice in the entire dataset. That said, 0.0% doesn't mean zero risk — an inspector who judges your impairment severe enough can still pull you off the road.

392.2WC carries a severity weight of 8 — one of the higher values in the CSA scoring system. Your actual point impact is multiplied by a time-weight factor: violations in the most recent 6 months count at 3×, months 7–12 count at 2×, and months 13–24 count at 1×. Because 392.2WC falls in the Unsafe Driving BASIC — one of the most scrutinized categories — a score of 8 at the 3× multiplier translates to 24 points hitting your Unsafe Driving BASIC during that first six-month window. Keep that in mind if you have other Unsafe Driving citations already on record.

Act on the full inspection report immediately, not just the 392.2WC line. Our inspection records show that in the last 90 days, 392.2WC citations appeared alongside 393.9 (inoperable required lamp) in 399 shared inspections, and with 393.78 (windshield condition) in 185 shared inspections. Start here:

1. Pull your complete inspection report and flag every co-cited code.
2. Fix any equipment defects — lamps, windshield, tires, brakes — before your next dispatch.
3. Document rest taken, your hours-of-service logs, and any medical history relevant to the fatigue or illness claim.
4. Notify your fleet safety manager; this hits the Unsafe Driving BASIC for both driver and carrier.
5. Decide within 60 days whether to file a DataQs challenge.

It's less aggressive on OOS, but the CSA severity weight is high. Within the same Unsafe Driving category, peer code 392.2-SLLEQP carries a 2.4% OOS rate, and the broad 392.2 code has an 0.8% OOS rate across 1,208,164 citations in our database. At 0.0% OOS, 392.2WC is one of the gentler variants on enforcement action at the roadside. However, its severity weight of 8 matches or exceeds many codes that do trigger OOS orders, meaning the CSA score damage outlasts the inspection itself. Ranked #257 out of 3,036 FMCSR codes by citation volume, it is also far from obscure.

Yes, you can file a DataQs Request for Data Review (RDR) for any roadside inspection finding. Because 392.2WC is a judgment-based violation — the inspector is assessing your fitness to drive, not measuring a broken part — your challenge needs to attack the basis for that judgment. Useful evidence includes your hours-of-service logs showing legal rest, a same-day medical record, or dashcam footage. Corrections are granted when the original finding is shown to be factually unsupported. File at the FMCSA DataQs portal within 60 days of the inspection for the best outcome; late submissions are harder to process but not automatically rejected.

Texas dominates by a wide margin. In the last 180 days, our inspection records show Texas issued 2,169 citations for 392.2WC — far ahead of any other state. Illinois came in second with 84 citations, and North Carolina third with 31. If you run routes through Texas — particularly cross-border corridors — your exposure to this citation is significantly higher than in the rest of the country. All three of those states recorded a 0.0% OOS rate on the code during that same period.

Urgently — citations are running at nearly 1,100 per month and climbing. Over the last 12 months, our records show 4,896 citations for 392.2WC. Monthly volume peaked at 478 in October 2025 and has held above 390 every month since May 2025. That sustained enforcement pace means inspectors are actively looking for this violation. The 90-day count alone is 1,026. Because the severity weight is 8 and it hits the Unsafe Driving BASIC, each additional citation compounds your CSA score quickly. Address the root cause — fatigue management, scheduling, or health — before your next load, not after.

It follows both. In FMCSA's CSA system, Unsafe Driving BASIC violations are attributed to the driver's record via their CDL and to the carrier's record via the USDOT number on the inspection report. Our records show carriers like TRANSPORTE INTERNACIONAL LOPEZ OCHOA SA DE C V (USDOT 1041907) have accumulated 27 citations for this code all-time, and SELECT DEDICATED SOLUTIONS LLC (USDOT 1877140) has 15 — demonstrating that the carrier's history builds alongside individual driver histories. Changing employers does not automatically erase the violation from your driver record; it stays associated with your CDL for the 24-month CSA lookback window.