FMCSR 392.5C2: Violating OOS Order — Driver Q&A

Yes, most likely. Across our 13 million inspection records, citations for 392.5C2 result in an out-of-service placement 86.4% of the time. That's far higher than the average FMCSR code, which carries a 31.4% OOS rate. Of the 22 total citations on record for this violation, 19 resulted in immediate OOS status. You should expect your truck to be placed out of service if cited.

First, stop operating your vehicle immediately—don't attempt to drive. If you haven't already, you'll need to address the underlying substance-related concern that triggered the OOS order. Our data shows that when 392.5C2 appears in inspections, it commonly co-occurs with operating without a CDL (2 shared inspections), fatigue or illness violations (3 shared inspections), and ELD failures (2 shared inspections). Contact your carrier's safety manager and your FMCSA representative to understand the timeline for reinstatement. Document everything related to the citation.

392.5C2 is significantly less common than other substance violations, but carries serious consequences. Our records show 22 all-time citations for 392.5C2 versus 3,947 citations for 392.4A-DOSP (use of drugs) and 1,478 for 392.5A3-IDUI (possession of alcohol while on duty). However, the OOS rate for 392.5C2 (86.4%) places it in the severe range alongside peer violations: 392.4A-DOSP runs 95.9% OOS, and 392.5(a)(2) (BAC 0.04+) reaches 99.2% OOS. This is a high-severity violation.

Over the last 180 days, our inspection database shows 392.5C2 citations concentrated in a handful of states. Iowa leads with 4 citations, all resulting in OOS (100% rate). Texas and Illinois each recorded 1 citation, both OOS. North Carolina had 1 citation with no OOS placement. The violation remains rare overall—only 7 citations in the past 180 days—but when it does occur, the outcome is almost always out-of-service status.

Our 12-month trend shows moderate activity with no clear escalation. We recorded 17 citations for 392.5C2 in the last 12 months, averaging about 1–2 per month, with a spike to 3 citations in both September and November 2025. The last 90 days show 3 citations total. This is a low-frequency violation, but when it does occur, enforcement is swift and consistent—16 of the last 17 citations resulted in OOS placement.

This citation applies when a driver violates an out-of-service order issued under federal substance-related rules. The regulation addresses drivers who continue operating after an OOS order has been issued for drug or alcohol involvement. It's a controlled substances/alcohol category violation. Because it represents willful noncompliance with an enforcement action already in place, it carries a very high OOS rate (86.4%) and is treated as a serious safety threat, even though it's ranked #1898 of 3,036 FMCSR codes by total citation volume.

You can formally contest any citation through the DataQs (Data Quality System) process, which allows drivers and carriers to challenge inaccurate or unsupported findings. However, contestability depends on whether the citation rests on objective evidence (e.g., breath/blood test results, documented OOS order) or subjective officer observation. Because 392.5C2 typically involves documented compliance records and prior OOS orders, successful challenges are rare unless the officer failed to correctly identify you as the driver or the OOS order itself was invalidly issued. Consult your carrier's safety or legal team.

Our all-time records show 392.5C2 citations distributed across multiple carriers. Arborscape Enterprises Inc (USDOT 4007322) leads with 2 citations. The remaining citations are spread among single incidents at Big League Movers Inc, La Fe Transport Inc, Brother Hotshot and Hauling LLC, Vargas Trans Inc, PNL Logistics LLC, Acker Farms Trucking LLC, Royalty Group Inc, Mid Group Inc, and B & T Trucking LLC. No pattern of carrier-level violation emerges—this is an individual driver-level violation that can occur across any operation.