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

Direct answers on CSA points, out-of-service risk, and next steps after a 392.2Y citation. Evidence-backed by 13M+ inspections.

Severity Weight
8
OOS Eligible
No
BASIC Category
Unsafe Driving
Code System
FMCSR
Code:
392.2Y
Code System:
FMCSR
BASIC Category:
Unsafe Driving
OOS Eligible:
No
Severity Weight:
8

Ranks #789 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.2% is below the FMCSR-wide average of 33.3%.

Violation Description

Operating a commercial motor vehicle while the driver's ability or alertness is so impaired through fatigue, illness, or any other cause as to make it unsafe for the driver to begin or continue to operate the vehicle.

Questions & Answers

Direct answers grounded in TruckCodex inspection data

will a 392.2Y citation put my truck out of service

No. Across our inspection records, only 2 out of 777 citations for 392.2Y resulted in an out-of-service order—a 0.3% OOS rate. This is far below the national average OOS rate of 31.4% across all FMCSR codes. While you'll face a citation and CSA points, your truck will almost certainly remain in service.

how many CSA points is 392.2Y

This violation carries a CSA severity weight of 8. Your total points depend on the inspection outcome and your carrier's safety record in the Unsafe Driving BASIC. A single citation typically adds 8 points to that BASIC category; if multiple violations occur in a 30-day window, points can compound. Check your CSA profile at SaferSys to see the exact impact on your BASIC percentiles.

what do I do immediately after getting cited for 392.2Y

First, document the citation details and request the inspection report. Second, address any co-occurring violations on the same inspection—our data shows 392.2Y frequently appears with windshield defects (9 shared inspections), inoperable lamps (8 shared), and missing emergency equipment (7 shared). Third, if fatigued driving was the issue, review your HOS logs and schedule a rest day before your next dispatch. Fourth, notify your carrier's safety manager and request a coaching session.

is 392.2Y serious compared to other unsafe driving violations

It's relatively low-enforcement. Our database ranks 392.2Y #784 out of 3,036 FMCSR codes by citation volume, with 777 all-time citations. However, its parent category—392.2 (all variants)—shows 1,208,164 total citations with a 0.8% OOS rate. Your specific code variant is cited rarely but carries real CSA weight (8 points), so treat it as a management concern even though immediate removal from service is unlikely.

can I contest a 392.2Y citation through DataQs

Yes, you can challenge it through the DataQs Roadside Inspection Retrieval (RDR) process. Fatigue and illness are subjective observations, so if the officer's notes lack clear documentation—such as specific behaviors, timestamps, or witness statements—you have grounds to request data correction. Submit your DataQs challenge within 90 days of the citation with evidence (logbook, shipper/receiver statement, medical documentation) supporting your condition at that moment.

which states cite 392.2Y most often

In the last 180 days, Illinois led with 109 citations, followed by Texas with 45 and Iowa with 40. If you operate in Illinois, your exposure is significantly higher—that state accounts for roughly 60% of all 392.2Y citations in the recent period. Illinois also had 1 out-of-service order in that window (0.9% OOS rate), still well below the national average.

is 392.2Y enforcement trending up or down

Over the last 12 months, enforcement has been volatile but steady. Citations ranged from a low of 23 in April 2025 to a peak of 52 in July 2025, averaging 39 per month. The last 90 days show 88 total citations (roughly 29 per month), suggesting a slight decline from mid-2025 peaks. Most months result in zero out-of-service placements, with only 2 OOS events in the entire 12-month window.

does a 392.2Y violation follow me as a driver or stay with the carrier

Both. FMCSA records driver violations and carrier violations separately in the Safety Management System (SMS). A 392.2Y citation appears on your driver record (CSA history) and contributes to your carrier's Unsafe Driving BASIC score. If you change employers, the violation stays on your driver profile and affects your safety rating with future carriers. Your new employer will see it during hiring background checks.

Last updated: 2026-04-20T14:19:54.233Z Answers reference TruckCodex inspection data Read the full article → Fleet FAQ →

Top Enforcing States

Where 392.2Y is most commonly cited (last 180 days)

1. Illinois
84
OOS 0.0%
2. Texas
28
OOS 0.0%
3. Iowa
23
OOS 0.0%
4. North Carolina
4
OOS 0.0%
5. New Mexico
3
OOS 0.0%

Often Cited Together

Other violations commonly found on the same inspection (last 90 days)

Data sources & freshness

TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.

Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.

Refreshed daily.

Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).

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EIA

Retail diesel and gasoline price history and state fuel-tax tables.

Refreshed weekly.

Cross-border carrier registry and Canadian recall campaigns where applicable.

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TruckCodex is an independent aggregator; it is not affiliated with FMCSA, NHTSA, EIA, or Transport Canada. Always verify compliance-critical information directly with the originating agency.