FMCSR 392.80(a): Hand-Held Phone While Driving – Q&A

No. Across our 13 million inspection records, 392.80(a) citations have resulted in zero out-of-service placements—a 0.0% OOS rate. This code is not OOS-eligible, meaning a citation alone will not immediately remove your truck from service. However, this does not mean there are no consequences; you will still accumulate safety violations on your record and face potential fines or points depending on your state's traffic code.

The CSA severity weight for 392.80(a) is 7 points. These points are applied to your driver record within the Unsafe Driving BASIC category. CSA points typically remain active for 36 months from the violation date, and they contribute to your overall safety rating. The more points you accumulate, the higher your crash risk profile becomes in the eyes of carriers and FMCSA.

First, do not ignore the citation—request a copy of the inspection report from the officer. Review the facts of the stop carefully: location, time, weather, and any dash cam or witness evidence. Second, understand your state's traffic appeal process; some states allow you to contest citations in traffic court within 30 days. Third, consider consulting a traffic attorney if the citation impacts your CDL status. Finally, document the citation details and notify your current or prospective employer, as this will appear on your PSP (Public Service Profile).

Relative to the all-FMCSR average OOS rate of 31.4%, hand-held phone use carries much less immediate enforcement severity—0.0% OOS rate. However, it is less frequent than similar unsafe driving violations; our records show 1,455 all-time citations for 392.80(a), compared to 1,208,164 citations for operating a CMV while ill or fatigued (392.2). The CSA weight of 7 points is meaningful, but the lack of OOS placement suggests this is treated as a preventable moving violation rather than an acute safety hazard.

DataQS (DataQ submission system) is the FMCSA's formal challenge process for roadside inspection records. A 392.80(a) citation may be contestable if you can demonstrate factual errors in the inspection report—for example, if the officer misidentified your vehicle, misrecorded the time of day, or made an error in documenting the violation. Subjective judgments (e.g., whether you held a phone) are harder to overturn via DataQS. Submit your challenge within 30 days of the inspection with clear documentation.

Not time-critical in terms of truck operation. Since 392.80(a) is not OOS-eligible and our records show zero citations in the last 12 months and zero in the last 90 days, enforcement urgency for this specific code has dropped to near-zero. However, the behavioral urgency is real: hand-held phone use while driving is a proven crash risk. Address it now by using hands-free systems or Bluetooth-enabled devices to prevent future citations and protect yourself and others on the road.

Across our inspection database, United Parcel Service Inc (USDOT 21800) has the highest citation count at 10, followed by Swift Transportation Co of Arizona LLC (USDOT 54283) with 7 citations. Federal Express Corporation, Schneider National Carriers Inc, and Werner Enterprises Inc each have 4 citations. These numbers reflect fleet size and operational scale; smaller carriers and owner-operators may face proportionally higher rates. Use this data to benchmark your own safety performance.

Freightliners (FRHT) account for 271 of the 1,455 all-time citations—nearly 19% of the total. Volvo (VOLV) trucks have 123 citations, and Utilities (UTIL) have 122. This distribution reflects the popularity of these makes in long-haul fleets, not necessarily higher violation rates. If you operate one of these vehicle types, be especially mindful of phone use during inspections and roadside interactions, as these makes are commonly audited.