Violation code

392.3

Operating a CMV while ill or fatigued

Hours-of-Service Compliance10Non-OOS· SMS Appendix A v3.20

392.3 is a Jumping OOS/Driving Fatigued violation under 49 CFR §392.3. It falls in the Hours-of-Service Compliance BASIC with a severity weight of 10/10. Nationally it was cited 1,490 times in the last five years, with an OOS rate of 97.3%.

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National roadside inspection stats

as of 8/20/2026

Inspections

1,488

that found this code

Violations

1,490

total written

OOS rate

97.3%

1,450 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.

Violation group: Jumping OOS/Driving Fatigued
Regulation §: 392.3
Severity weight: 10
Used in SMS: Yes
Status: Active
Updated: 8/20/2026

Last updated August 2026

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Notes

DSMS: Y

What 392.3 means — and how to avoid it

In plain English

In plain terms, 392.3 is cited for operating a CMV while ill or fatigued. It falls under the FMCSA rules on safe driving of commercial vehicles.

What the inspector checks

•The unsafe act cited (speed, belt, phone, signaling, etc.)
•Vehicle not operated while ill, fatigued, or unsafe

How to prevent it

✓Drive defensively and within the law — Unsafe Driving points are heavily weighted
✓Don’t drive when fatigued or when the truck isn’t road-ready

How it affects your CSA

up to 30 pts (fresh)

Severity 10/10. A fresh citation counts at the 3× time weight — up to 30 points toward the Hours-of-Service Compliance BASIC — then tapers to 2× after 6 months and 1× after a year, dropping off the score at 24 months.

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 392.3 through FMCSA DataQs

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

Common ways to challenge this code

ELD malfunction or edit-history defect
The ELD device produced or recorded incorrect duty-status data because of a malfunction, time-zone defect, or edit-history that overwrites driver entries.
Evidence that wins
- ✓ELD malfunction report (date stamped)
- ✓ELD edit history export covering the day of inspection
- ✓Manufacturer support ticket or replacement record
Time was Personal Conveyance, not driving
The duty time the officer flagged was actually Personal Conveyance under FMCSA Regulatory Guidance, and qualifies as off-duty.
Evidence that wins
- ✓ELD record showing Personal Conveyance status
- ✓Trip context (driver heading home / to lodging after relief)
- ✓Carrier Personal Conveyance policy
Adverse driving conditions exception
Driving time exceeded the 11-hour limit because adverse driving conditions extended the maximum driving window by up to 2 hours under §395.1(b)(1).
Evidence that wins
- ✓Weather report or road-closure record for the route
- ✓Driver's contemporaneous note in the log
- ✓Dispatch / load record showing planned arrival before adverse conditions
Sleeper-berth split timing
A 7/3 or 8/2 sleeper-berth split was correctly applied and resets the 14-hour driving window, but was scored as a continuous driving violation.
Evidence that wins
- ✓ELD record showing the two sleeper berth periods
- ✓Time-stamped duty-status changes

Common pitfalls — avoid these

⚠Submitting screenshots instead of the official ELD-mandated data file export
⚠Not asking for the ELD-edit-suggestions log that the driver may have rejected

⚡ Draft a challenge for 392.3 →Read the DataQs guide first

More codes in Hours-of-Service Compliance

Same BASIC category — ranked by national citation volume

View all Hours-of-Service Compliance codes →

Other Jumping OOS/Driving Fatigued codes

Codes under the same FMCSA violation group

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Frequently asked questions about 392.3

What does violation 392.3 mean?

392.3 is the FMCSA roadside-inspection violation code for "Operating a CMV while ill or fatigued", part of the Jumping OOS/Driving Fatigued group, cited under 49 CFR §392.3.

What BASIC does 392.3 affect?

392.3 falls under the Hours-of-Service Compliance BASIC in the FMCSA Safety Measurement System (SMS).

What is the CSA severity weight of 392.3?

392.3 carries a severity weight of 10 out of 10. Higher weights indicate violations more closely tied to crash risk, and they count more toward a carrier's Hours-of-Service Compliance score.

Is 392.3 an out-of-service (OOS) violation?

No. 392.3 is not an out-of-service violation, so on its own it does not trigger an out-of-service order at the roadside.

How many CSA points does 392.3 add to a carrier's score?

The point contribution of 392.3 depends on its severity weight (10/10) multiplied by a time weight of 3, 2, or 1 based on how recent the inspection is. You can calculate the exact contribution with the CSA points calculator.

How can a driver prevent 392.3?

Drive defensively and within the law — Unsafe Driving points are heavily weighted; Don’t drive when fatigued or when the truck isn’t road-ready.

Can 392.3 be challenged through DataQs?

Yes. If you believe 392.3 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 392.3 Hours-of-Service Compliance BASIC Carrier CSA lookup CSA glossary

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