What happens when you're cited for 392.3-F fatigue violations? Direct answers backed by 13M+ inspection records: OOS rates, state enforcement, and next steps.
Ranks #711 of 3,146 FMCSR codes by citation frequency • OOS rate of 98.8% is above the FMCSR-wide average of 33.3%.
Fatigue - Operating a commercial motor vehicle while impaired through fatigue.
Direct answers grounded in TruckCodex inspection data
Yes—almost certainly. Our inspection records show a 98.8% out-of-service rate for 392.3-F citations, compared to the 31.4% average across all FMCSR codes. Out of 983 all-time citations in our database, 971 resulted in the vehicle being placed out of service on the spot. This is one of the most enforcement-critical violations you can receive. Once cited, your truck will not move until the issue is resolved.
Yes, significantly. The 392.3-F code carries a 98.8% out-of-service rate. Compare this to 392.2 (ill or fatigued), which has 1,208,164 all-time citations but only a 0.8% OOS rate. The main 392.2 variants (392.2-SLLSR, 392.2-SLL, 392.2-SLLTCD) all sit below 2.4% OOS rates. The fact that 392.3-F carries "impaired through fatigue" language—rather than just operating while fatigued—makes it a critical safety finding. Inspectors cite it when fatigue appears to have directly compromised vehicle control or decision-making.
In the last 180 days, Georgia leads with 37 citations, followed by Indiana with 20 and Arizona with 19. Washington, Pennsylvania, California, Missouri, Nebraska, Wyoming, and Massachusetts round out the top 10. Our data shows Georgia cites 392.3-F at a 100% out-of-service rate, as do Indiana, Arizona, Washington, Pennsylvania, Missouri, Nebraska, and Massachusetts. This violation is enforced consistently across regions, but Southern and Midwestern corridors see higher volume.
Citations peaked in summer and early fall: 67 citations in July 2025 and 65 in August. Over the last 12 months, we recorded 633 citations for 392.3-F out of 983 all-time (64% of all 392.3-F citations in our database occurred in the past year). In the last 90 days alone, 122 citations were issued. This suggests enforcement is steady and consistent, particularly during high-traffic and warm-weather months when driver fatigue is more likely to be detected.
Yes, you can file a DataQs (Roadside Data Quality) challenge if you believe the citation is factually incorrect or unsupported. However, 392.3-F is a judgment-based violation—the inspector documented observable signs of impairment due to fatigue (swerving, nodding off, slow reaction, etc.). DataQs works best when you can prove the inspector's observations were inaccurate or that they misidentified you. Maintain clear logbooks, medical records, and any witness statements. Success rates vary, so consult with your carrier's safety team or a DOT compliance specialist before filing.
Both. Under FMCSA's CSA system, violations appear on your driving record and your carrier's safety profile. Our all-time data shows the largest carriers (by 392.3-F citation count) include XPO Logistics Freight (7 citations), Federal Express (7), and J.B. Hunt Transport (6). Individual citations accumulate in two BASIC categories: unsafe driving (which 392.3-F belongs to) and hours-of-service compliance. Your record follows you between employers; your carrier's record is public and affects their insurance rates and CSA scores.
Our data shows Freightliners account for 226 all-time 392.3-F citations, followed by Volvo (84) and Peterbilt (66). This reflects market share: these are the most common Class 8 trucks on U.S. highways. The citation count is not an indictment of the vehicle itself—it's simply where inspectors are encountering fatigued drivers. Newer models offer better safety tech (lane-keep assist, collision avoidance), but no truck can compensate for a driver operating while impaired by fatigue. Compliance depends on the driver following hours-of-service rules and pulling over when tired.
Where 392.3-F is most commonly cited (last 180 days)
Other violations commonly found on the same inspection (last 90 days)
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.
Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).
Cross-border carrier registry and Canadian recall campaigns where applicable.
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.