Violation code

392.2MI

Miscellaneous Traffic Law Violation

Not in SMSOOS· FMCSA A&I All Violations

392.2MI is a Driver violation under 49 CFR §392.2MI. It is an out-of-service violation; it is not scored in the SMS. Nationally it was cited 103,316 times in the last five years, with an OOS rate of 0.4%.

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National roadside inspection stats

as of 9/20/2026

Inspections

93,674

that found this code

Violations

103,316

total written

OOS rate

0.4%

376 OOS

Source: FMCSA roadside inspection data (last 5 years). The OOS rate is the share of these violations that led the officer to mark the driver or vehicle out of service.

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Not used in SMS BASIC scoring

Recorded on your inspection report and visible on the PSP, but contributes 0 points to CSA BASIC scores — even if cited Out-of-Service.

Violation group: Driver
Regulation §: 392.2MI
Severity weight: N/A
Used in SMS: No
Status: Active
Updated: 9/20/2026

Last updated September 2026

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What 392.2MI means — and how to avoid it

In plain English

In plain terms, 392.2MI is cited for miscellaneous Traffic Law Violation. It falls under the FMCSA rules on safe driving of commercial vehicles. Because it’s an out-of-service condition, an inspector can put the driver or vehicle out of service on the spot until it’s corrected.

What the inspector checks

•Speed relative to posted/conditions
•Seat belt use
•Hand-held phone / texting
•Following distance and lane discipline

How to prevent it

✓Slow down and leave following room — these are Unsafe Driving points that hit hard
✓Hands off the phone; use hands-free only
✓Always belt up — it’s a cheap violation to avoid

How it affects your CSA

0 CSA points

392.2MI is not scored in the SMS. It adds 0 CSA points — even if written out-of-service — but it still appears on the inspection report and the driver’s PSP.

General guidance from the violation’s FMCSA classification — not legal advice, and not a substitute for the inspector’s findings or 49 CFR.

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Challenging 392.2MI through FMCSA DataQs

If this violation was written incorrectly, here are the angles trucking-safety managers use to contest it. Playbook: Driver Fitness.

Relevant 49 CFR49 CFR § 392.2

Applicable operating rules

“Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated. However, if a regulation of the Federal Motor Carrier Safety Administration imposes a higher standard of care than that law, ordinance, or regulation, the FMCSA regulation must be complied with.”

Common ways to challenge this code

Medical certificate was valid and on file
A valid medical examiner's certificate was in the driver's qualification file and was either not produced at roadside or not properly recognized.
Evidence that wins
- ✓Copy of the valid medical examiner's certificate
- ✓Driver qualification file index
- ✓National Registry verification printout
CDL class / endorsement was correct for the operation
The driver's CDL class and endorsements were correct for the vehicle and cargo being operated.
Evidence that wins
- ✓Copy of the valid CDL with endorsements
- ✓Vehicle registration showing GVWR/configuration
- ✓Bill of lading or shipping papers showing cargo

Common pitfalls — avoid these

⚠A medical certificate that expired the DAY of inspection still fails — there is no grace period

⚡ Draft a challenge for 392.2MI →Read the DataQs guide first

Other Driver codes

Codes under the same FMCSA violation group

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Frequently asked questions about 392.2MI

What does violation 392.2MI mean?

392.2MI is the FMCSA roadside-inspection violation code for "Miscellaneous Traffic Law Violation", part of the Driver group, cited under 49 CFR §392.2MI.

What BASIC does 392.2MI affect?

392.2MI is not scored in any CSA BASIC. It is recorded on the inspection report and appears on the PSP, but it contributes 0 points to a carrier's SMS BASIC percentiles.

Is 392.2MI an out-of-service (OOS) violation?

Yes. 392.2MI is an out-of-service violation, meaning the driver or vehicle can be placed out of service at the roadside until the issue is corrected. OOS violations also add an extra severity point in SMS scoring.

How many CSA points does 392.2MI add?

392.2MI adds 0 CSA points because it is not used in SMS scoring, even when written out of service.

How can a driver prevent 392.2MI?

Slow down and leave following room — these are Unsafe Driving points that hit hard; Hands off the phone; use hands-free only; Always belt up — it’s a cheap violation to avoid.

Can 392.2MI be challenged through DataQs?

Yes. If you believe 392.2MI was recorded in error, you can file a Request for Data Review (RDR) through the FMCSA DataQs system with supporting evidence. A successful challenge can remove or correct the violation on your record.

Keep going

CSA points calculator How to challenge a violation Draft a DataQs letter for 392.2MI Carrier CSA lookup CSA glossary

Turn this violation into a training moment

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