FMCSR 392.9A2: Failing to Secure Vehicle Equipment — Driver FAQ

Almost certainly yes — and that's not typical for most violations. Our inspection records show a 96.1% out-of-service rate for 392.9A2 across 3,238 all-time citations. To put that in perspective, the all-FMCSR average OOS rate is just 31.4%, meaning this code triggers an OOS order at roughly three times the national average rate. In the last 180 days, Texas alone recorded 148 citations with a 100.0% OOS rate, and New Mexico hit 100.0% across 118 citations as well. If an inspector finds unsecured vehicle equipment, expect to be parked until it's corrected — that's what the data consistently shows.

The FMCSA SMS assigns a severity weight to every Unsafe Driving BASIC violation, and 392.9A2 falls in that category. No specific severity weight value is present in our dataset for this code, so we won't invent one. What we can tell you is that Unsafe Driving BASIC points are weighted by time: violations from the last 6 months receive a 3× multiplier, violations from 7–12 months back get a 2× multiplier, and anything older than 12 months still counts but at base weight. Given that our records show 955 citations in just the last 12 months, inspectors are actively writing this one — meaning it's regularly appearing in fresh SMS windows where multipliers hit hardest.

Take these steps immediately:

1. Secure the equipment before moving. With a 96.1% OOS rate, you're almost certainly parked until you do.
2. Document the fix. Take photos showing equipment properly secured before you pull out.
3. Check the whole truck. Our inspection records show 392.9A2 appears alongside 393.9 (inoperable required lamp) in 46 shared inspections and 393.95A (fire extinguisher missing/defective) in 30 shared inspections in the last 90 days alone. Inspectors who find unsecured equipment rarely stop there.
4. Review your paperwork. 396.17C (no proof of periodic inspection) co-occurred in 33 shared inspections — make sure your inspection documentation is in the cab.
5. Notify your fleet manager so the citation is logged and a DataQs review can be considered.

Yes — it's dramatically more serious than its Unsafe Driving peers. Our database shows that the highest-volume code in the same category, 392.2 (operating a CMV while ill or fatigued), has a 0.8% OOS rate across 1,208,164 citations. Another peer, 392.2RG, carries a 0.1% OOS rate across 96,652 citations. 392.9A2's 96.1% OOS rate isn't just higher — it's in a completely different tier. Most Unsafe Driving codes result in a citation and a note in your record; 392.9A2 results in your truck being parked nearly every single time it's written. Ranked #422 out of 3,036 FMCSR codes by citation volume, it's not an obscure edge case either.

Yes, you can file a DataQs Request for Data Review (RDR) for any roadside inspection finding, including 392.9A2. The process works like this: you submit your challenge at the FMCSA DataQs portal, the reviewing state agency examines the original inspection report, and they either uphold or correct the record. For an equipment-based violation like this one — where the finding depends on the inspector's observation of physical conditions — a successful challenge typically requires documentation that contradicts the citation: repair records, photos taken at the scene, or a second inspection confirming compliance. Timing matters; file promptly so evidence is fresh. If the record is corrected, it's removed from your SMS profile, which directly reduces your Unsafe Driving BASIC score.

Texas, New Mexico, and Iowa are the top three states in our inspection records over the last 180 days. Texas leads with 148 citations and a 100.0% OOS rate. New Mexico follows with 118 citations, also at 100.0% OOS. Iowa comes in third with 56 citations and a 98.2% OOS rate. Illinois recorded 33 citations at a 78.8% OOS rate, and North Carolina logged 25 citations at 96.0% OOS. If you're running corridors through Texas or New Mexico in particular, unsecured equipment is one of the most consistently enforced issues you'll face — inspectors in both states are going OOS on this violation every single time.

Enforcement is running at a high and sustained pace. Our records show 955 citations in the last 12 months. Looking at the monthly breakdown, July 2025 hit a peak of 116 citations — with all 116 resulting in an OOS order. May, August, and February 2026 each exceeded 90 citations as well. There's no month in the last year with fewer than 40 citations. The 90-day total stands at 182. This is not a declining enforcement trend; inspectors are actively and consistently writing 392.9A2. If your pre-trip process doesn't include a specific check for secured equipment, the data says it's only a matter of time before an inspector finds it first.

Both. Under FMCSA's CSA methodology, Unsafe Driving BASIC violations — the category 392.9A2 falls under — are attributed to the carrier for purposes of carrier SMS scoring. However, the inspection record is also tied to your CDL number and can appear in your individual driver record, which carriers check during hiring. Our inspection records show that the top cited carriers for 392.9A2 include operations with 5–8 citations each, suggesting that repeat exposure within a single fleet does accumulate and affects carrier BASIC scores. As a driver, the citation lives in your inspection history regardless of which carrier you're with when it's written — so fixing the habit matters beyond your current job.