What 392.3-FPROP means in plain language
FMCSR 392.3-FPROP targets drivers of property-carrying commercial motor vehicles who operate while impaired by fatigue. This is distinct from general fatigue violations—it applies specifically to trucks carrying cargo, not passengers or hazmat.
The regulation recognizes that fatigue degrades your ability to drive safely the same way alcohol does. If an officer at roadside determines you were noticeably drowsy, slow to respond, or otherwise showing signs of impaired alertness while driving a loaded truck, they can cite you. This is a judgment call based on observable signs: drooping eyelids, difficulty tracking, delayed reactions, or admission of sleeplessness.
Unlike some fatigue codes, 392.3-FPROP does not automatically place your vehicle out of service at the moment of citation—though you may still be ordered off the road by the inspecting officer for safety reasons.
What our enforcement data actually shows
Our inspection records show 51 all-time citations for 392.3-FPROP across our 13 million+ records. In the last 12 months, we recorded 26 citations, and in the last 90 days, 4 citations. This code ranks #1624 out of 3,036 FMCSR codes by citation volume—making it one of the least-cited violations in the trucking enforcement landscape.
What makes 392.3-FPROP striking is its out-of-service rate: 100.0% of the 51 drivers cited were placed out of service. This is dramatically higher than the all-FMCSR average OOS rate of 31.4%. While the raw citation count is small, every single driver who received this citation was removed from service, underscoring how seriously roadside inspectors treat fatigue impairment.
The data in our database indicates a slight uptick in citations during May and June 2025 (4 citations each month), with lower frequency in other periods. This suggests fatigue enforcement may correlate with warmer months or seasonal logistics peaks.
Who gets cited most
Across the last 180 days, Iowa and Illinois lead citation counts with 6 citations each, followed by Kentucky and North Carolina with 1 citation each. All four states show a 100.0% out-of-service rate, meaning every driver cited in these jurisdictions was immediately taken off the road.
Our data shows fleets such as XPO Logistics Freight Inc and SCR Trucking LLC with 2 citations each across our all-time records. Other carriers—Hirschbach Motor Lines, Milk Industry Management Corporation, and Stillwell Equipment Company—each appear once. This distribution reflects the rarity of the violation rather than any pattern of fleet-level fatigue issues.
How severe is this compared to similar codes
392.3-FPROP sits within the broader category of fatigue and impairment violations. The most common related code is 392.2 — Operating a CMV while ill or fatigued, which has accumulated 1,208,164 citations but carries only a 0.8% out-of-service rate. Another peer, 392.2RG, has 96,652 citations with a 0.1% OOS rate.
The stark difference is critical: 392.3-FPROP's 100.0% OOS rate versus 392.2's 0.8% means that when an officer cites you specifically for property-carrying fatigue impairment rather than a general fatigue violation, the decision to remove you from service is near-certain. This code is treated as a more acute safety risk.
How to avoid it
Plan and log your rest: Our inspection records show that 2 of the 4 citations in the last 90 days co-occurred with 395.8K2 (driver failing to retain previous 7 days records of duty status). Maintain accurate logbooks and never skip required 10-hour rest breaks. An officer checking your logs after a fatigue citation will cross-reference your hours of service; falsifying records on top of a fatigue citation compounds your liability.
Know your vehicle's condition before you drive: Four of the last 90 days' co-occurring citations involved mechanical issues—inadequate brakes (393.40) and brake out-of-service violations (396.3A1BOS). A vehicle in poor mechanical condition increases stress and cognitive load while driving, accelerating fatigue. Pre-trip inspect your brakes, steering, and suspension before leaving the lot.
Recognize early warning signs: If you feel drowsy or impaired, pull over immediately. Don't wait for an officer to spot it. The moment you notice difficulty focusing, head heaviness, or microsleeps, that is your signal to rest. A self-reported rest stop beats a roadside citation and 100% OOS placement.
Watch your timing on high-risk routes: Across all-time records, Freightliner trucks (FRHT) account for 19 of the 51 citations, and Volvo (VOLV) for 10. These are common heavy-haulers on long regional routes where fatigue is most likely. If you drive these vehicles on overnight or extended single-driver runs, build in extra break time beyond regulatory minimums.
Address sleep quality, not just duration: Co-occurring code 392.2RG (operating while ill or fatigued) appeared once in the last 90 days with 392.3-FPROP. This overlap suggests that sickness or poor sleep quality can trigger fatigue citations even if your logbook hours are compliant. If you're unwell or dealing with sleep disorders, address them before hitting the road—or consider sitting out that run.