Direct answers about 392.60A citations: OOS rates, enforcement trends, top states, and what to do next based on 13 million+ roadside inspections.
Ranks #975 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.4% is below the FMCSR-wide average of 33.3%.
Unauthorized passenger on board CMV
Direct answers grounded in TruckCodex inspection data
No. Across our inspection records, 392.60A results in an out-of-service order only 0.2% of the time. Of 434 all-time citations for unauthorized passenger on board, just 1 resulted in an OOS placement. This is far below the 31.4% average OOS rate across all FMCSR codes, making this one of the lowest-risk violations for immediate roadside removal.
Not by OOS frequency. While 392.60A sits at 0.2% OOS rate, peer violations in the unsafe driving category—like operating while ill or fatigued (392.2)—range from 0.0% to 2.4% OOS rate depending on circumstance. The data shows 392.60A ranks #969 of 3,036 FMCSR codes by citation volume, indicating it is infrequently cited and rarely results in roadside removal.
First: document the violation and note the inspector's reasoning. Second: check your vehicle and logbook for co-occurring issues. Our inspection records show that 392.60A citations frequently co-occur with operating while ill or fatigued (11 shared inspections in the last 90 days), equipment defects like inoperable lamps (9 shared inspections), and proof-of-inspection issues (7 shared inspections). Address any of these on your next pre-trip inspection. Third: contact your carrier's safety manager to understand their corrective action policy.
45 citations for unauthorized passenger on board were issued in the last 90 days across all inspections in our database. This represents a slight uptick from the 12-month trend, which shows 283 citations total. July 2025 was the highest month with 41 citations, while recent months (February and March 2026) averaged around 20–23 citations per month.
Texas leads by far with 73 citations in the last 180 days, followed by Iowa with 25 and Illinois with 23. Texas accounts for the overwhelming majority of 392.60A enforcement. Of those Texas citations, zero resulted in an OOS order (0.0% rate), while Illinois had a 4.3% OOS rate on its 23 citations—still well below the national average.
DataQs (Driver Records Online Query System) is FMCSA's official portal for challenging roadside inspection findings. A 392.60A citation—unauthorized passenger—is typically a compliance finding based on observation at the time of inspection. You can contest it if you believe the inspector made an error in identifying who was or wasn't an authorized passenger, or if you have documentation supporting authorization. Consult your carrier's safety department or a transportation attorney for guidance on your specific case.
FMCSA safety violations are recorded against both the driver and the motor carrier under two separate BASIC categories: Driver Fitness and Vehicle Maintenance & Mechanical Status. A 392.60A citation will appear on your safety record and your carrier's record. The violation may impact both driver qualification assessments and carrier compliance reviews, though the weight depends on frequency and context over time.
Low urgency from an OOS perspective, but moderate from a compliance perspective. With only a 0.2% OOS rate, a single 392.60A violation is unlikely to ground your truck. However, the violation signals a procedural compliance gap: unauthorized passengers should never be on a CMV during operations. Enforce your carrier's passenger policy strictly to avoid repeated citations, which compound on your record and may trigger carrier or CSA scrutiny.
Where 392.60A is most commonly cited (last 180 days)
Other violations commonly found on the same inspection (last 90 days)
TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.
Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.
Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).
Cross-border carrier registry and Canadian recall campaigns where applicable.
TruckCodex is an independent aggregator; it is not affiliated with FMCSA, NHTSA, EIA, or Transport Canada. Always verify compliance-critical information directly with the originating agency.