What 392.3-F means in plain language
FMCSR 392.3-F addresses fatigue—specifically, operating a commercial motor vehicle while your ability to drive safely is impaired by tiredness. This isn't about missing sleep in general; inspectors cite this code when they observe signs that fatigue has reduced your capacity to control the vehicle or make safe decisions.
The regulation recognizes that fatigue is a safety hazard comparable to impairment from other causes. An officer who pulls you over may note symptoms like drowsy eyes, slow reactions, difficulty maintaining lane position, or admission that you haven't slept adequately. Unlike some violations, this one is about your state at the moment of inspection—not a mechanical defect or a logbook error.
If cited, you are being told that the inspector believed you were not fit to operate that vehicle safely due to fatigue. The consequences are immediate and significant.
What our enforcement data actually shows
Across our 13 million+ inspection records, 392.3-F citations total 983 all-time, with 633 issued in the last 12 months and 122 in the last 90 days. While this code ranks #721 by citation volume among all 3,036 FMCSR codes, its enforcement severity is exceptional: our inspection data indicates an out-of-service rate of 98.8% (971 out of 983 citations resulted in immediate out-of-service placement).
To put that in perspective, the all-FMCSR average out-of-service rate is 31.4%. This code is enforced far more strictly. Once cited for 392.3-F, the likelihood of being pulled from service is nearly certain. Over the past 90 days, 122 citations were issued, and the pattern has been consistent month-to-month, with May 2025 showing a spike at 58 citations and recent months holding steady around 47–67 citations per month.
Who gets cited most
Our inspection records show Georgia leads with 37 citations over the last 180 days (100.0% OOS rate), followed by Indiana with 20 citations (100.0% OOS rate), and Arizona with 19 citations (100.0% OOS rate). All three states maintain a perfect out-of-service rate—every single citation resulted in an immediate order to stop driving.
Fleets such as XPO Logistics Freight Inc and Federal Express Corporation appear in our data with 7 citations each (all-time). This reflects the volume of miles those carriers operate, not necessarily elevated risk.
How severe is this compared to similar codes
Fatigue-related violations fall within the Unsafe Driving category. The broader 392.2 code—operating a CMV while ill or fatigued—has accumulated 1,208,164 citations all-time with a 0.8% OOS rate. The more specific 392.3-F is cited far less frequently but enforced dramatically more harshly. A variant like 392.2-SLLEQP (operating while fatigued with equipment issues) has a 2.4% OOS rate, and 392.2-SLLEWA1 has a 1.0% OOS rate. None approach the 98.8% severity of 392.3-F. This tells you that when an inspector cites this specific code, they are placing the violation in the highest-consequence category.
How to avoid it
Fatigue doesn't develop suddenly. Our data on co-occurring violations reveals patterns that can guide prevention:
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Prioritize sleep management before departure. The most common co-occurring code is 392.2-SLLML (operating while ill or fatigued), which appeared in 51 shared inspections over the last 90 days. This overlap suggests inspectors catch drivers who are already visibly compromised. Ensure you have genuinely slept—not just rested—before taking the wheel.
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Check your logbook discipline. Hours-of-service violations (395.8A1-HOSP, false records 395.8E-HOSPD, and driving past the 14-hour limit 395.3A3I-HOSPDIT) co-occurred in 16, 16, and 10 inspections respectively. If your hours are inaccurate or you're pushing limits, fatigue follows. Keep honest records and respect the off-duty windows.
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Inspect your vehicle's condition before every shift. Tire failures (393.75A3-TAOL, 11 co-occurrences) and lack of periodic inspection proof (396.17C-PI, 10 co-occurrences) often co-occur with fatigue citations. A vehicle in poor condition requires more mental and physical effort to control, accelerating fatigue. Spend 15 minutes on a thorough pre-trip.
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Maintain a valid medical certificate. Medical certificate issues (391.41APC) appeared in 8 co-occurring inspections. If your medical certificate is expired or missing, you're already operating in violation—and an inspector checking one violation will assess your overall fitness, including fatigue.
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Recognize your own limits. The data shows no single vehicle make dominates the fatigue citation list, which suggests this is a driver behavior issue, not equipment-dependent. Freightliner (226 citations all-time) and other common carriers appear simply because they're common trucks. The common thread is driver choice. If you feel tired, you are too tired. Stop, rest, or call for relief.