FMCSR 392.9BA-NOTRG Citation: What Happens Next?

No. Across our inspection records, the 392.9BA-NOTRG code has never resulted in an out-of-service placement—our data shows a 0.0% OOS rate across all 1 citation on record. This code is not eligible for out-of-service action under FMCSA rules. However, compare this to the national average OOS rate of 31.4% across all FMCSR codes: this violation carries significantly lower immediate operational impact than many others in the unsafe driving category.

This violation is extremely rare and far less commonly cited than related unsafe driving codes. Our database shows only 1 all-time citation for 392.9BA-NOTRG, ranking it #2796 out of 3,036 FMCSR codes by citation volume. By contrast, the peer code 392.2 (Operating a CMV while ill or fatigued) has 1,208,164 citations with a 0.8% OOS rate. The rarity of 392.9BA-NOTRG suggests it addresses a narrow, specific circumstance rather than a widespread driver behavior.

1. Document the citation details: Get a copy of the violation notice and note the exact time, location, and inspector name.
2. Review the narrative: Understand what specific behavior triggered the code.
3. Request clarification if needed: If the violation seems incorrect, ask the inspector or your carrier to explain the specific finding.
4. Report to your carrier: Notify your fleet manager or safety director immediately so they can log it in your file.
5. Plan your response: Decide whether to contest the citation through DataQs (the FMCSA's online challenge system) or accept it based on the facts.

Yes, you can challenge any roadside inspection citation through the FMCSA's DataQs system within 45 days of the inspection. Your eligibility to win a challenge depends on whether the violation was based on a factual error (documentation, inspection procedure, or misidentification) or a subjective judgment call. Equipment-based or procedural findings are generally stronger grounds for contestation. Submit your evidence through DataQs, and the FMCSA will review your claim. Success rates vary by violation type, so be thorough and factual in your documentation.

CSA point values are determined by violation severity and your carrier's safety history. The FMCSA does not publish a single point value for each code; instead, points depend on the severity weight assigned to 392.9BA-NOTRG and whether it's your first, second, or third occurrence within 30 days. Violations in the Unsafe Driving category typically carry moderate weight. Contact your carrier's safety department or check your CSA profile at SafetyManagement.fmcsa.dot.gov to see the exact points assigned to your citation.

Our inspection records show only 1 all-time citation for this code across the entire United States, issued to LEMONIER ENTERPRISES LLC (USDOT 4047596). This extreme scarcity means we cannot identify a meaningful state distribution or geographic hotspot. The violation is so rarely cited that it does not appear in our top state lists. This underscores how unusual this violation is in day-to-day roadside enforcement.

Given that this code does not carry out-of-service eligibility and has a 0.0% OOS rate in our records, there is no immediate operational emergency. However, the citation itself remains on your CSA profile and counts toward your safety record. Our data shows zero citations in the last 90 days and zero in the last 12 months, so this is not a trending violation. Focus on understanding what triggered the citation and avoid repeating the behavior, then monitor your CSA scores for any impact on your carrier's BASIC categories.