FMCSR 392.2WG: Fatigued Driving Citations Explained

Almost certainly not. Across all 14,811 citations in our inspection records, only 5 resulted in an out-of-service order—an OOS rate of effectively 0.0%. For context, the average OOS rate across all FMCSR codes is 31.4%, so 392.2WG sits dramatically below the norm. While the regulation is OOS-eligible in theory, the data shows enforcement almost never produces an immediate OOS. You will almost always be allowed to continue operating after receiving this citation, though the violation still scores against your CSA record.

392.2WG carries a severity weight of 8 out of a possible 10 in the CSA Unsafe Driving BASIC—that is one of the heavier penalties on the books. Your actual point impact is multiplied based on how recently the inspection occurred: violations in the last 6 months carry the highest time-weight multiplier, violations from 6–12 months back are weighted lower, and anything older than 2 years drops off entirely. Because this code sits in the Unsafe Driving BASIC, it is highly visible to FMCSA during carrier interventions and to shippers reviewing safety scores.

Start by pulling your full inspection report and checking every violation listed, not just the 392.2WG. Our inspection records show that in the last 90 days, 392.2WG frequently appeared alongside other citations in the same stop: 258 inspections also included a 392.2-SLLSR violation, 184 included a no-proof-of-periodic-inspection charge (396.17C-PI), and 93 involved a CDL validity issue (383.23A2-LCDLN). Address every co-cited violation before your next run. Then log the incident accurately in your driver file and notify your safety manager so your carrier's CSA BASIC scores can be monitored for the 30-day multiplier window.

It is serious on points but moderate in volume relative to its peers. The parent code 392.2 alone has accumulated 1,208,164 citations in our database with a 0.8% OOS rate. By comparison, 392.2WG has 14,811 all-time citations and a 0.0% OOS rate—so inspectors cite it far less often and almost never pull drivers out of service for it. However, a severity weight of 8 means it hits your CSA Unsafe Driving BASIC harder than many higher-volume codes. The relative rarity of an OOS does not reduce the scoring impact.

Yes, you can submit a DataQ request (formally a Request for Data Review) to challenge the citation if you believe it was issued in error. Because 392.2WG is a judgment-based finding—an officer's assessment of your condition—rather than a clear equipment defect or missing document, your challenge should focus on factual inaccuracies in the inspection report itself: incorrect carrier information, wrong vehicle unit, or a finding that contradicts your HOS logs or medical records. FMCSA routes DataQ challenges to the issuing state agency for review. Gather your logbook, medical certificate, and any dashcam or dispatch records before filing.

New York is by far the most active state, with 1,891 citations in just the last 180 days in our inspection records. Florida is second at 388 citations over the same period, and Alaska is third at 367. Wisconsin (197) and Pennsylvania (134) round out the top five. New York's total alone dwarfs every other state, so drivers running the I-95 corridor or operating through the northeast should treat this regulation as an active enforcement priority, not a background risk. All top-10 states recorded a 0.0% OOS rate despite high citation volume.

The urgency is high and rising. Our inspection records show that citations in the last 12 months totaled 8,972—a large share of the code's entire all-time count of 14,811. Monthly volume climbed from 320 in April 2025 to a peak of 948 in October 2025, and the 90-day count stands at 1,653. That upward trend signals increased enforcement attention. Because the severity weight is 8 and the 30-day multiplier amplifies recent violations most, a citation written today costs you more CSA points than one from eight months ago. Address fatigue management policies immediately rather than waiting for a pattern to develop.

Both. Under FMCSA's CSA model, Unsafe Driving BASIC violations—the category that holds 392.2WG—are attributed to the carrier's BASIC score using the carrier's USDOT number on the inspection report. At the same time, the citation is tied to the driver's PSP (Pre-Employment Screening Program) record, which prospective employers can access. Our records show carriers like BLACK GOLD TRANSPORT LLC (USDOT 4015161) have accumulated 219 all-time citations under this code, illustrating how repeated driver-level violations aggregate into a carrier-level enforcement signal. Drivers who move to a new carrier do not erase their PSP history.