FMCSR 392.3-FPROP: Fatigue Violation Q&A

Yes. Across our inspection records, every single citation for 392.3-FPROP resulted in an out-of-service placement—a 100.0% OOS rate. This is dramatically higher than the all-FMCSR average of 31.4%, making fatigue violations one of the most serious offenses inspectors enforce. When an officer observes signs of impairment by fatigue, they will immediately remove you and your vehicle from service.

First: stop driving immediately—you're out of service. Second: document your logbook and hours of service carefully. Our data shows that 392.3-FPROP violations often co-occur with logbook violations (like 395.8K2, which appeared in 50% of recent citations) and false record charges. Contact your carrier's safety or compliance team right away, and preserve any evidence of your actual rest pattern. Third: arrange a safe place to stop and rest before any further operation is authorized by your carrier and the inspecting agency.

It is the most serious fatigue violation. The related code 392.2 (operating while ill or fatigued generally) has been cited 1,208,164 times with only a 0.8% OOS rate. By contrast, 392.3-FPROP has a 100.0% OOS rate despite being far rarer—51 all-time citations versus 1.2 million for 392.2. This difference reflects that 392.3-FPROP is reserved for cases where fatigue is severe enough that the officer documents observable impairment, not just fatigue suspicion.

Contestation depends on the evidence. If the citation rests on the officer's subjective observation of impairment (tremors, slow reflexes, drowsy speech), you would challenge the factual basis in a DataQs request or through an appeal to your state's motor carrier safety office. If the citation cites objective facts (e.g., logbook records showing insufficient rest), you can dispute the calculation or interpretation. Either way, file your DataQs challenge within 30 days of the violation date with the FMCSA, citing specific evidence (dash cam footage, verified logbook entries, or medical documentation if fatigue was caused by a legitimate condition).

Over the last 180 days, our data shows Iowa and Illinois leading, each with 6 citations and 100.0% out-of-service rates. Kentucky and North Carolina each recorded 1 citation, also resulting in out-of-service placement. The rarity of 392.3-FPROP (26 citations nationwide in the last 12 months) means citation hotspots shift month to month, but Iowa and Illinois have been the most consistent enforcement areas in recent inspection data.

Citation volume has been steady and low. In the last 12 months, our database recorded 26 citations—averaging about 2 per month. The trend over the past year shows no major spike: the highest months were May and June 2025 (4 citations each), and the lowest were July and August 2025 (1 citation each). This suggests 392.3-FPROP enforcement is consistent but narrow—officers only issue it when fatigue impairment is severe and observable.

Freightliners dominate the citation data, with 19 out of 51 all-time citations (37%). Volvo comes second with 10 citations. Hyundai, Utility, Wanchai, and Kenworth each appear 4 times. The pattern reflects the overall fleet composition—Freightliners and Volvos are common class 8 trucks in long-haul and regional service where fatigue risk is highest. No specific make is inherently more prone to fatigue violations; the pattern simply mirrors which trucks are on the road most.

Yes. 392.3-FPROP is classified under the Unsafe Driving safety BASIC and will appear on your CSA record and your carrier's record. It contributes to your BASIC score, which can trigger interventions (warnings, retraining mandates, or disqualification if your score exceeds thresholds). The 100.0% out-of-service rate means the violation is treated with maximum severity by FMCSA scoring algorithms. Both you and your carrier bear the impact of this citation in your compliance profiles.