Direct answers on 392.62(a) enforcement, out-of-service likelihood, and what drivers need to do after citation. Based on 13M+ inspection records.
Ranks #2,811 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.
Direct answers grounded in TruckCodex inspection data
No. Across our 13 million inspection records, the 0.0% out-of-service rate for 392.62(a) means not a single citation has resulted in an out-of-service order. The 1 citation issued all-time was not placed out of service. Compare this to the all-FMCSR average of 31.4%—this violation is one of the least likely to trigger an immediate roadside removal.
Very rarely. Our database shows just 1 citation issued for 392.62(a) in all-time records, with 0 citations in the last 12 months and 0 in the last 90 days. This ranks #2,796 out of 3,036 FMCSR codes by citation volume. For perspective, the peer violation 392.2 (operating while ill or fatigued) has 1,208,164 citations—making 392.62(a) an exceptionally uncommon finding.
No. While 392.62(a) itself has a 0.0% OOS rate, similar Unsafe Driving codes show consistently low out-of-service rates: 392.2 variants range from 0.0% to 2.4%. The real enforcement focus in this category is on 392.2 (operating while ill or fatigued), which dominates with over 1.2 million citations. The rarity of 392.62(a) citations suggests it is either narrowly defined or rarely observed in roadside enforcement.
Document the citation details and review the inspector's findings. Request a copy of the roadside inspection report if you do not already have it. Review the regulation definition to understand the specific infraction. Consult with your fleet safety manager or compliance contact about whether the citation warrants a DataQs (FMCSA's online challenge system) response based on evidence—such as corrected documentation or procedural error. Given the extreme rarity of this code, having a record review may be valuable.
Yes. FMCSA's DataQs system allows you to challenge violations online within defined windows. The strength of a challenge depends on the type of finding: documentation errors (e.g., misidentified vehicle, driver, or inspection data) are often winnable; observations of actual unsafe acts are harder to overturn. File through your FMCSA account with supporting evidence. Given that only 1 citation has been issued for this code, contesting data quality issues is a reasonable first step.
According to our inspection records, Ontario Inc (USDOT 1137120) received the single citation for 392.62(a) on record. This one-citation volume reflects how uncommonly this violation is enforced across all carriers in the 13 million+ inspections in our database.
Much less. Across 13 million inspections, there is 1 all-time citation, 0 citations in the last 12 months, and 0 in the last 90 days. This code is not an active enforcement priority and citation frequency is declining—essentially flat at zero in recent months. Drivers and fleets should focus compliance efforts on high-volume violations like 392.2.
Under FMCSA's CSA program, unsafe driving violations are recorded on both the driver's record and the carrier's Safety Management Cycle record. The violation will appear in your crash and violation history and contribute to your carrier's CSA score in the Unsafe Driving BASIC. Your carrier also bears accountability for patterns. A single citation is less concerning than a trend, but do not ignore it—work with your fleet to confirm compliance.
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.