FMCSR 392.82A2: Texting While Driving — Citations & OOS Rates

No. Across our inspection records, 392.82A2 citations have never resulted in an out-of-service placement. All 14 all-time citations in our database were resolved without OOS action—a 0% OOS rate. This contrasts sharply with the national average OOS rate of 31.4% across all FMCSR codes. You will receive a citation and CSA points, but your truck will not be removed from service on this violation alone.

This violation carries a CSA severity weight of 10 points. Your 30-day point total multiplier applies: if you receive this citation, those 10 points count toward your Unsafe Driving BASIC within 30 days. The exact impact on your overall CSA score depends on your other violations in that window and your carrier's history. Check your citation notice for the specific effective date of point assignment.

1. Review the citation immediately — verify the date, time, and location match your log and phone records. 2. Preserve evidence — keep your phone records, GPS data, and dash cam footage if available. 3. Report to your carrier — notify your safety manager within 24 hours. 4. Consider DataQs — if facts are wrong (time, location, or device used), you can formally contest through the FMCSA's Registry Data Quality System. 5. Complete any required training — your carrier may mandate distracted-driving retraining.

No, texting while driving is among the rarest unsafe driving citations we see. Our records show 14 all-time citations for 392.82A2 versus 1,208,164 for the most common peer code (392.2 — operating while ill or fatigued). The 0% OOS rate for 392.82A2 is also far below the 31.4% national average and below most peer codes in the Unsafe Driving category. However, the 10-point CSA weight means it will still impact your BASIC score meaningfully if cited.

Yes, you can submit a formal challenge through the FMCSA's Registry Data Quality (DataQs) system. Your citation is contestable if the inspector made an error in documenting facts—for example, wrong date, time, location, or misidentification of the device used. You'll need evidence (phone records, GPS logs, dash cam footage, or witness statements). DataQs submissions are reviewed by the FMCSA and can result in citation removal or correction. Your carrier's safety or compliance team can assist with the submission process.

In the last 180 days, Iowa is the only state in our top-states list with documented 392.82A2 citations (1 citation, 0 OOS). This reflects the extremely low national citation volume for this code—only 8 citations across the entire 12-month period. You are far more likely to be cited in your region for speeding, following too closely, or fatigue-related violations than for texting while driving.

Immediate but not mechanical. Unlike equipment failures or cargo violations, texting while driving requires behavioral change, not repair. Our data shows no citations in the last 90 days and only 8 in the last 12 months—a clear downward trend. Compliance means: do not manually enter data or read text messages while the vehicle is in motion. Your carrier will likely monitor your behavior through telematics or coaching. CSA points will age off after 12 months, so your focus should be incident-free months ahead.

Yes and no. The citation itself stays on your driving record and shows up in background checks for 12 months. Your current carrier will record it in their safety profile. A new carrier will see the citation and CSA points in your pre-hire screening. However, the CSA severity weight (10 points) belongs to both your driver BASIC and your carrier's BASIC—so it affects your carrier's score while you work there. Once you leave and the 12-month aging period passes, the citation no longer impacts your CSA scores.