Direct answers about 392.9AA2 citations: OOS rates, enforcement trends, what to do next, and how this violation compares to other unsafe driving codes.
Ranks #848 of 3,146 FMCSR codes by citation frequency • OOS rate of 88.9% is above the FMCSR-wide average of 33.3%.
Operating Beyond The Scope Of The Required Authority (Passengers).
Direct answers grounded in TruckCodex inspection data
Yes, most likely. Across our 13 million inspection records, 392.9AA2 carries an 89.2% out-of-service rate—meaning 556 out of 623 all-time citations resulted in an immediate out-of-service order. This is nearly three times the national average OOS rate of 31.4% across all FMCSR codes. In the last 90 days alone, 89 out of 95 citations led to OOS placement. If you receive this citation, expect your truck to be sidelined until the violation is corrected.
This code is exceptionally serious. Our data shows 392.9AA2 has an 89.2% OOS rate, far above peer codes in the Unsafe Driving category. For comparison, the most-cited peer code—392.2 (Operating while ill or fatigued)—has only a 0.8% OOS rate despite 1.2 million citations. This means 392.9AA2 triggers enforcement action at a dramatically higher severity level. Ranked #854 out of 3,036 FMCSR codes by citation volume, it punches well above its frequency in actual enforcement impact.
First: do not operate the vehicle until cleared. Our inspection records show 392.9AA2 citations commonly co-occur with equipment failures—35 recent citations shared 393.9 (Inoperable Required Lamp), 23 involved 393.78 (Windshield defects), and 22 involved 393.95A (Fire extinguisher issues). Second: have a certified inspector verify the violation is corrected. Third: request a re-inspection to lift the out-of-service order. Fourth: if you believe the citation is in error, document all evidence and contact your carrier's compliance team about DataQs contestation (the FMCSA's formal challenge process for roadside inspection records).
Citations are trending up over the last 12 months. Our records show January 2026 recorded 37 citations, February 2026 had 40, and March 2026 had 37. In the 90 days prior (January–March 2026), we recorded 114 citations—roughly 38 per month. By contrast, April 2025 through June 2025 averaged only 19 citations monthly. This suggests enforcement intensity has roughly doubled year-over-year, making compliance increasingly critical.
Texas, North Carolina, and Illinois dominate enforcement. In the last 180 days, Texas issued 128 citations (85.2% OOS rate), North Carolina issued 30 (100% OOS rate), and Illinois issued 15 (93.3% OOS rate). If you operate primarily in Texas, you face the highest absolute citation volume. If you operate in North Carolina or New Mexico, the OOS rate is uniformly 100%—every single citation results in out-of-service placement. Plan compliance efforts accordingly by state.
Most frequently, lighting defects. In the last 90 days, 393.9 (Inoperable Required Lamp) appeared in 35 shared inspections, and 393.11 (Lighting devices/reflectors) in 13. Maintenance and inspection paperwork violations are also common: 29 inspections involved 396.17C (No proof of periodic inspection) and 18 involved 396.3A1 (Inspection/repair/maintenance defects). Fatigued driving (392.2RG) co-occurred 28 times. This pattern suggests 392.9AA2 violations often stem from deferred maintenance and driver fitness issues, not isolated mechanical failures.
Potentially, but the process depends on the violation type. DataQs (the FMCSA's Record Data Quality System) is the formal channel for challenging roadside inspection records, and you have 60 days from inspection to file. However, contestation success varies: violations involving driver conduct or fitness are harder to challenge than documentation or equipment findings. Since 392.9AA2 co-occurs frequently with equipment issues (inoperable lamps, windshield defects, fire extinguisher problems), focus your challenge on documentation accuracy, vehicle condition at time of inspection, or inspection officer error—not the violation itself, unless you have clear proof of inspector error.
Freightliners lead by a wide margin. Our all-time data shows 120 FRHT citations, followed by 72 Kenworth (KW), 68 Peterbilt (PTRB), and 66 other makes. Ford pickup trucks account for 53 citations and RAM for 41. International (INTL) has 55. These numbers reflect the prevalence of heavy-duty tractors in long-haul fleets, but also suggest that if you operate a Freightliner or Kenworth, maintain inspection and maintenance records with extra rigor—these makes appear disproportionately in 392.9AA2 enforcement.
Where 392.9AA2 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.