FMCSR 392.3-FPASS: Fatigue in Passenger Vehicles—Citation Guide

Yes—if you're cited for 392.3-FPASS, there is a 100% out-of-service rate across our inspection records. All 2 all-time citations resulted in immediate OOS placement. This is far more severe than the national average OOS rate of 31.4% across all FMCSR codes. Once cited, your vehicle cannot operate until the violation is resolved and documented with your enforcement agency.

392.3-FPASS is significantly more severe. The related code 392.2 (operating a CMV while ill or fatigued—general) has an OOS rate of only 0.8%, while 392.3-FPASS carries a 100% OOS rate. This reflects that fatigue-related citations in passenger-carrying vehicles trigger stricter enforcement. The data shows our database contains 2 all-time citations for 392.3-FPASS versus over 1.2 million for the broader 392.2 code, indicating this passenger-specific variant is rare but carries maximum compliance weight.

First, document the citation and date. Second, contact your carrier's safety or compliance officer to report the violation immediately—do not operate the vehicle further. Third, obtain written clarification from the inspector or issuing authority about what evidence of remediation (rest logs, medical clearance, or driver fitness certification) is required before the OOS can be lifted. Fourth, request the specific inspection report number and keep all communication in writing. Follow your carrier's internal citation response process within the required timeframe.

No—392.3-FPASS is extremely rare overall. Across our 13 million+ inspection records, there are only 2 all-time citations for this code, ranking it #2651 out of 3,036 FMCSR codes by citation volume. In the last 12 months and last 90 days, we recorded zero citations. This rarity means enforcement is highly selective and typically triggered only in severe or aggravated fatigue cases with passenger vehicles. Top carrier names are not listed due to the low citation count.

Yes, you can contest the citation through the DataQs (FMCSA Safety Management System) RDR (Registration and Dispute Resolution) process. Because 392.3-FPASS is an observation-based fatigue finding (an officer determination of impaired driving state), you may dispute it if the inspector lacked sufficient evidence or misidentified the violation. Document any objective data supporting your alertness at the time (e.g., maintenance records, route logs, prior rest periods). Submit your dispute within the DataQs window with supporting documentation.

Our records show only 4 vehicle citations all-time for 392.3-FPASS: 2 UTIL vehicles, 1 KW, and 1 WSTS. The extremely low volume means no meaningful pattern by make exists. This code is tied to driver behavior (fatigue while operating a passenger CMV), not vehicle type, so citation distribution does not correlate with specific makes or models.

The specific CSA point weight for 392.3-FPASS is not detailed in our inspection database; point values are assigned by FMCSA in the Safety Management System based on violation severity and recency. Because 392.3-FPASS carries a 100% out-of-service rate, it is classified as a critical safety violation and will receive maximum or near-maximum point severity. Contact your carrier's compliance team or log into your CSA account to see the exact points assigned to your citation. Points typically decay over 36 months.

Both. FMCSA Safety Management System violations appear on both your driver record and your carrier's Safety Management account. This violation becomes part of your personal driving history for future employment reference checks and your current employer's Unsafe Driving BASIC (Behavior Analysis Safety Improvement Categories). It will impact both your CSA profile and the carrier's carrier safety rating. Once resolved, the record remains but its point weight decreases over time.