Violation code

392.80(a)

Driving a commercial motor vehicle while Texting

Unsafe Driving10Non-OOS· SMS Appendix A v3.20

392.80(a) is a Texting violation under 49 CFR §392.80(a). It falls in the Unsafe Driving BASIC with a severity weight of 10/10. Nationally it was cited 3,695 times in the last five years, with an OOS rate of 0.0%.

📊

National roadside inspection stats

as of 9/20/2026

Inspections

3,694

that found this code

Violations

3,695

total written

OOS rate

0.0%

0 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: Texting
Regulation §: 392.80(a)
Severity weight: 10
Used in SMS: Yes
Status: Active
Updated: 9/20/2026

Last updated September 2026

⚡

Think this violation was written incorrectly?

Generate a polished DataQs challenge letter for 392.80(a) in about 5 seconds. AI quotes the CFR, predicts your grant chance.

⚡ Draft a challenge →

Notes

DSMS: Y

What 392.80(a) means — and how to avoid it

In plain English

In plain terms, 392.80(a) is cited for driving a commercial motor vehicle while Texting. It falls under the FMCSA rules on safe driving of commercial vehicles.

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

up to 30 pts (fresh)

Severity 10/10. A fresh citation counts at the 3× time weight — up to 30 points toward the Unsafe Driving 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.

📚

Challenging 392.80(a) through FMCSA DataQs

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

Relevant 49 CFR49 CFR § 392.80

Prohibition against texting

“No driver shall engage in texting while driving. No motor carrier shall allow or require its drivers to engage in texting while driving.”

Common ways to challenge this code

Radar / lidar / scale calibration not produced
The state instrument used to measure speed or weight had no current calibration certificate, or one was never provided when requested.
Evidence that wins
- ✓FOIA / public-records request response from the citing agency
- ✓Calibration log expiration date if produced
- ✓Driver's contemporaneous note (e.g., independent dashcam speed)
Citation based on visual estimate only
The inspection report indicates the officer estimated speed visually rather than using a calibrated instrument.
Evidence that wins
- ✓Inspection report narrative copy showing "visual estimate" wording
- ✓Officer training records or pacing distance, if obtainable
Underlying citation adjudicated
The underlying state court adjudicated the citation as dismissed, reduced, or amended.
Evidence that wins
- ✓Certified court disposition with case number and date
- ✓Original citation copy

Common pitfalls — avoid these

⚠Submitting an uncertified court printout — DataQs requires the clerk-stamped version
⚠Forgetting that "guilty of a lesser charge" still counts as conviction — the violation may stay, just at reduced severity

⚡ Draft a challenge for 392.80(a) →Read the DataQs guide first

More codes in Unsafe Driving

Same BASIC category — ranked by national citation volume

View all Unsafe Driving codes →

Other Texting codes

Codes under the same FMCSA violation group

❓

Frequently asked questions about 392.80(a)

What does violation 392.80(a) mean?

392.80(a) is the FMCSA roadside-inspection violation code for "Driving a commercial motor vehicle while Texting", part of the Texting group, cited under 49 CFR §392.80(a).

What BASIC does 392.80(a) affect?

392.80(a) falls under the Unsafe Driving BASIC in the FMCSA Safety Measurement System (SMS).

What is the CSA severity weight of 392.80(a)?

392.80(a) 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 Unsafe Driving score.

Is 392.80(a) an out-of-service (OOS) violation?

No. 392.80(a) 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 392.80(a) add to a carrier's score?

The point contribution of 392.80(a) 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 392.80(a)?

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 392.80(a) be challenged through DataQs?

Yes. If you believe 392.80(a) 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 392.80(a)Unsafe Driving BASIC Carrier CSA lookup CSA glossary

Turn this violation into a training moment

Assign training on this exact topic — and prove it

Looking up a code is step one. FleetTrained — built by the same safety manager behind VioCodes — lets you assign a video on this topic; drivers quiz and sign in their language, and you get a DOT-ready certificate so it stops happening.