What 392.3-FPASS means in plain language
FMCSR 392.3-FPASS addresses a specific safety concern: operating a passenger-carrying commercial motor vehicle while you are impaired by fatigue. This code applies only to CMVs designed or used to transport passengers—buses, motorcoaches, and similar vehicles—not to freight or general commercial trucks.
Fatigue impairment means your ability to drive safely has been compromised by tiredness or exhaustion. An inspector citing this violation observes signs that suggest you are too fatigued to operate the vehicle safely: difficulty staying alert, delayed reactions, swerving, or other behaviors consistent with drowsiness or extreme weariness. This is not about breaking hours-of-service rules per se; it is about the observable condition of being too tired to drive.
If you operate a passenger-carrying CMV, the expectation is clear: you must be fit and alert. Passengers depend on your judgment and reflexes. Fatigue is one of the primary causes of serious crashes, and regulators take it seriously, especially in passenger transport.
What our enforcement data actually shows
Across our 13 million+ roadside inspection records, this code is rarely cited. Our database shows only 2 all-time citations for 392.3-FPASS. In the last 12 months, we recorded 0 citations, and in the last 90 days, 0 citations as well.
When this code is cited, the consequences are severe. Our data indicates that both instances—100% of the cases we have on record—resulted in the vehicle being placed out of service. This is a stark contrast to the all-FMCSR average out-of-service rate of 31.4%. The high OOS rate reflects the seriousness inspectors assign to fatigue-impaired passenger operations: if you appear too tired to safely operate a bus, you will be taken off the road immediately.
The rarity of citations suggests that most passenger-carrying operators either manage fatigue well or avoid being conspicuously fatigued during roadside inspections. However, the 100% OOS rate should signal to any driver in passenger service that this is not a violation inspectors overlook or treat lightly.
Who gets cited most
Because only 2 citations appear in our all-time database, meaningful state-by-state analysis is not possible. Our records show that S Andrulonis Enterprises LLC (USDOT 882202) and Guru Freight Inc (USDOT 2902452) each appear with 1 citation in our data. This reflects the extreme rarity of this violation, not any systemic pattern.
Vehicle makes cited include UTIL (2 citations), KW (1 citation), and WSTS (1 citation). These are small numbers, insufficient to establish a reliable trend about which vehicle types are involved. The limited citation volume means that any inference about carrier or vehicle patterns would be unreliable.
How severe is this compared to similar codes
To understand the context of 392.3-FPASS, it helps to look at related fatigue codes in the unsafe driving category.
The most common related code is 392.2—Operating a CMV while ill or fatigued—which applies to all CMVs, not just passenger vehicles. Our inspection records show 1,208,164 citations for 392.2 all-time, with an out-of-service rate of 0.8%. That is a massive enforcement volume compared to the 2 citations for 392.3-FPASS. The OOS rate for 392.2 is substantially lower (0.8% vs. 100%), reflecting a broader spectrum of fatigue observations—some minor, some serious.
Variants of 392.2, such as 392.2-SLLEWA1 (Operating a CMV while ill or fatigued), show 69,565 citations with a 1.0% OOS rate. Even these frequently cited variants result in immediate removal from service far less often than 392.3-FPASS does.
The key difference: 392.3-FPASS is narrower and applies only to passenger vehicles. When inspectors cite it, the situation is serious enough to warrant 100% immediate out-of-service action. Fatigue in a vehicle carrying passengers is treated with zero tolerance in the data we hold.
How to avoid it
Fatigue violations are preventable through discipline and honest self-assessment. Here are concrete steps to avoid being cited for 392.3-FPASS:
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Know your limits before your shift starts. If you did not sleep well the night before, if you have been driving long hours or working multiple consecutive days, or if you feel drowsy when the shift begins, speak up. Do not get behind the wheel. A passenger vehicle is not the place to test whether you can push through fatigue.
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Take breaks every 2 hours. Stop, step out, move around, and get fresh air. A 15-minute break can reset your alertness. Do not rely on coffee or stimulants alone; they mask fatigue but do not eliminate it.
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Maintain a consistent sleep schedule. Your body operates better on a predictable rhythm. Erratic sleep patterns accumulate fatigue. Aim for 7–8 hours per night, especially before passenger-service shifts.
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Recognize the warning signs in yourself. Difficulty focusing, repeated yawning, drifting from your lane, or struggling to keep your eyes open are all red flags. If you notice them, you are already impaired. Stop driving immediately and rest or seek relief.
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Do not ignore passenger feedback. If a passenger or dispatcher notices and reports that you seem unusually tired, take it seriously. They see what inspectors will see.
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Use post-trip inspections to check the vehicle's condition (brakes, tires, lights). A well-maintained rig supports safe operations, and the routine builds awareness. But your own fitness to drive—your alertness—comes first.