392.4A-DOSP — Drugs/Other Substances - Operate a CMV while in possession.
FMCSA violation code under Controlled Substances/Alcohol. 4,413 events recorded in roadside inspections. Severity weight: 10. Out-of-service eligible.
Violation code 392.4A-DOSP is a Federal Motor Carrier Safety Regulations citation issued under 49 CFR 392.4. It tracks a specific compliance failure recorded against motor carriers and drivers during FMCSA roadside inspections. The code rolls up into the FMCSA Safety Measurement System (SMS) Controlled Substances/Alcohol BASIC, which feeds the carrier's percentile ranking and prioritization for FMCSA interventions. It applies to interstate motor carriers, drivers, and the commercial motor vehicles they operate; intrastate operators are subject when their state has adopted Part 350 of the FMCSR by reference. It carries a severity weight of 10, an inspection citing it can trigger an Out-of-Service order at the roadside, 4,413 citations have been recorded against this code in the FMCSA inspection record.
- Code:
- 392.4A-DOSP
- Code System:
- FMCSR
- BASIC Category:
- Controlled Substances/Alcohol
- OOS Eligible:
- Yes
- Severity Weight:
- 10
- Violation Group:
- Drugs
- Total Events:
- 4,413
- Carriers Cited:
- 3,372
Ranks #385 of 3,146 FMCSR codes by citation frequency • OOS rate of 95.8% is above the FMCSR-wide average of 33.4%.
What 392.4A-DOSP means
Drugs/Other Substances - Operate a CMV while in possession.
This is a specific FMCSA dictionary variant of section 392.4; it is not interchangeable with the bare 392.4 catch-all code.
CSA/SMS severity weight 10 on FMCSA's 1–10 scale in the Controlled Substances/Alcohol BASIC.
Out-of-service eligible — an inspector can place the driver or vehicle out of service until the condition is corrected. Observed OOS rate in our mirror: 95.8% (4,226 of 4,413 citations).
4,413 citations recorded in the FMCSA inspection mirror across 3,372 carriers.
Ranks #385 of 3,146 FMCSR codes by citation frequency.
Most cited recently in Georgia (121 events in the last 180 days).
How to use this code
CSA weight, OOS trigger, inspector focus, fix path, and DataQs — from published FMCSA fields and citation counts on this page
CSA / SMS weight
Severity weight 10 (1–10). Higher weights correlate more strongly with crash risk in FMCSA's published table. Rolls into the Controlled Substances/Alcohol BASIC. SMS applies time weights (3× / 2× / 1×) over a 24-month window before ranking carriers by percentile.
OOS trigger
This code is OOS-eligible under CVSA Out-of-Service Criteria. A roadside finding can stop the trip until the defect or condition is corrected. In our mirror, 95.8% of 392.4A-DOSP citations (4,226 of 4,413) carried an OOS flag.
What inspectors typically check
FMCSR violations for drug and alcohol testing failures, substance possession, and program compliance.
- Evidence of controlled-substance or alcohol use at the roadside
- Carrier drug-and-alcohol testing program compliance signals
- Possession or impairment indicators during the inspection
Fix and prevent
- Correct the underlying condition before the next trip — an OOS-eligible finding can park the truck or driver immediately.
- Build a recurring check (pre-trip, file audit, or supervisor review) that targets the requirement in the regulation text above.
- Keep the correction in the compliance file — undocumented fixes look the same as non-compliance in a review.
DataQs challenge grounds
Carriers and drivers can file a Request for Data Review within 24 months when the record itself looks wrong. Common accepted grounds:
- Wrong violation code for the condition the inspector described
- Citation attributed to the wrong USDOT, driver, or unit
- Condition was already corrected / not present when the report was finalized
- Supporting evidence (photos, receipts, calibration, ELD extract) contradicts the citation
For brokers and shippers
High severity (10/10) — repeated citations on a carrier's recent inspections are a stronger diligence flag than low-weight administrative codes. OOS-eligible: a fresh citation can mean the load was interrupted at roadside until repaired. Most-cited carrier in our table: WESTERN EXPRESS INC (9 citations). 3,372 carriers have at least one 392.4A-DOSP citation in the mirror — open a carrier's inspection list to see whether this code is a pattern or a one-off.
Violation Description
Drugs/Other Substances - Operate a CMV while in possession.
Regulatory Reference
Federal Motor Carrier Safety Regulations
This violation references 49 CFR 392.4A in the Federal Motor Carrier Safety Regulations.
Top Enforcing States
Where 392.4A-DOSP is most commonly cited (last 180 days)
Click a state to see roadside inspection activity, top stations, and carrier profiles in that jurisdiction.
Citation Trend (12 months)
Monthly count of 392.4A-DOSP citations. Red bars mark months with OOS-triggering citations.
Most Active Stations
Inspection stations citing 392.4A-DOSP most often (last 180 days)
Often Cited Together
Other violations commonly found on the same inspection (last 90 days)
Citation patterns suggest related root causes (e.g., HOS violations paired with logbook errors).
Top Carriers Cited
Ranked by frequency • 3,372 carriers total • Page 1 of 135
| # | Carrier | USDOT | # Violations |
|---|---|---|---|
| #1 | WESTERN EXPRESS INC | 511412 | 9 |
| #2 | HOME EXPRESS DELIVERY SERVICE LLC | 2714701 | 9 |
| #3 | FEDERAL EXPRESS CORPORATION | 86876 | 8 |
| #4 | PENSKE TRUCK LEASING CO LP | 327574 | 8 |
| #5 | LOS ANGELES PARTYWORKS INC | 1826492 | 6 |
| #6 | GARCIA AYALA TRUCKING LLC | 3968418 | 6 |
| #7 | GEORGETOWN GPT | 4097842 | 6 |
| #8 | CLOUDTRUCKS LLC | 3300318 | 6 |
| #9 | A & A GRADING & HAULING INC | 553022 | 6 |
| #10 | UNITED VAN LINES LLC | 77949 | 5 |
| #11 | NOVA FREIGHT LLC | 3509638 | 5 |
| #12 | T-ROY'S TRANSPORT AND LOGISTICS LLC | 4160400 | 5 |
| #13 | AUTHENTICRISS TRUCKING LLC | 3492880 | 5 |
| #14 | STEVENS TRANSPORT INC | 79466 | 5 |
| #15 | FORSAGE INC | 2588231 | 5 |
| #16 | CHESAPEAKE BAY MOVERS INC | 2527384 | 4 |
| #17 | SS ASPHALT SERVICES | 3503381 | 4 |
| #18 | MAQUETTE FINE ART SERVICES LLC | 2332073 | 4 |
| #19 | TWIN CARRIER LLC | 3518735 | 4 |
| #20 | MAZZ ENTERPRISES LLC | 4129092 | 4 |
| #21 | ASV XPRESS LLC | 4389301 | 4 |
| #22 | AMONGUS TRANSPORTATION INC | 4062135 | 4 |
| #23 | PRISTINE CONNECTIONS LLC | 3410910 | 4 |
| #24 | DVD EXPRESS INC | 4089663 | 4 |
| #25 | D & D DELIVERY SERVICE INC | 635263 | 4 |
Recent Inspections
Latest inspections where 392.4A-DOSP was cited • 4,413 total events • Page 177 of 177
| Date | Report # | State | Level | OOS |
|---|
How to comply with violation code 392.4A-DOSP
- Locate the regulation in the eCFR. Open https://www.ecfr.gov/current/title-49/section-392.4 on eCFR.gov to read the legal text the citation is written against. The eCFR is the National Archives' continuously updated electronic Code of Federal Regulations and is the canonical reference for any FMCSR section.
- Determine if your operation is subject. Confirm whether your operation is interstate (always subject to the FMCSR) or intrastate (subject when your state has adopted 49 CFR Part 350 by reference; most have). Intrastate operators in non-adopting states may be subject to a state analog instead of the federal rule.
- Identify the documented requirement. Read the requirement carefully: "Drugs/Other Substances - Operate a CMV while in possession." Map it to the specific equipment, driver document, or operational practice it covers.
- Inspect or maintain to standard. Build a recurring inspection or training routine that catches this defect before a roadside inspector does. Because 392.4A-DOSP is OOS-eligible, a single citation can park the truck or driver until the condition is corrected — pre-trip checks, scheduled PMs, and supervisor reviews are the cheap places to find it.
- Document compliance to demonstrate it on review. Keep a dated, signed record of each inspection, repair, training session, or filing tied to 392.4A-DOSP. During an FMCSA compliance review or a customer onboarding audit, the documentation is what proves the program runs — undocumented compliance is indistinguishable from non-compliance to the auditor.
Frequently asked questions about 392.4A-DOSP
What is FMCSA violation code 392.4A-DOSP? ▾
Is 392.4A-DOSP an out-of-service violation? ▾
What's the severity weight of 392.4A-DOSP? ▾
How many inspections have cited 392.4A-DOSP? ▾
Which BASIC category is 392.4A-DOSP in? ▾
What does a carrier do to fix 392.4A-DOSP? ▾
Where can I find related violation codes? ▾
Where can I find the full text of 392.4A-DOSP? ▾
About FMCSA violation codes
Every violation found during an FMCSA roadside inspection is recorded under a code drawn from the Federal Motor Carrier Safety Regulations — the codified safety rules motor carriers, drivers, and commercial motor vehicles must comply with in interstate commerce. Codes roll up into one of seven Behavior Analysis and Safety Improvement Categories (BASICs): Unsafe Driving, Hours-of-Service, Driver Fitness, Controlled Substances/Alcohol, Vehicle Maintenance, Hazardous Materials Compliance, and Crash Indicator. Each code carries a published severity weight (1–10) and an Out-of-Service eligibility flag.
Citations counted in the FMCSA Safety Measurement System (SMS) feed a 24-month rolling percentile rank for every motor carrier. Recent citations weigh more heavily than older ones — FMCSA applies a 3× multiplier to events 0–6 months old, 2× for 6–12 months, and 1× for 12–24 months. Carriers above the published intervention threshold for a given BASIC are prioritized for warning letters, focused investigations, and full compliance reviews.
TruckCodex mirrors the FMCSA Motor Carrier Management Information System (MCMIS) and the published violation dictionary on a daily refresh cycle. We do not author or modify violation records — every count, severity weight, and OOS flag on this page reflects what the FMCSA has on file. For real-time confirmation immediately before an enforcement decision, click through to the FMCSA Violations Search link above. Carriers who believe a citation was recorded in error can file a Request for Data Review through the FMCSA DataQs system.