Violation code

392.82DUMT

Driver - Using a hand-held mobile telephone.

Unsafe Driving10Non-OOS· SMS Appendix A v3.20

392.82DUMT is a Phone Call violation under 49 CFR §392.82DUMT. It falls in the Unsafe Driving BASIC with a severity weight of 10/10. Nationally it was cited 23,168 times in the last five years, with an OOS rate of 0.0%.

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National roadside inspection stats

as of 8/20/2026

Inspections

23,162

that found this code

Violations

23,168

total written

OOS rate

0.0%

1 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: Phone Call
Regulation §: 392.82DUMT
Severity weight: 10
Used in SMS: Yes
Status: Active
Updated: 8/20/2026

Last updated August 2026

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Notes

DSMS: Y | Comment: Added in 3.15 | Footnote: As of February 1, 2023, the violations in this table are included in SMS. Only violations cited on or after February 1 are included in SMS calculations. This update aligns SMS with how violations are being cited in a new software used for roadside inspections.

What 392.82DUMT means — and how to avoid it

In plain English

In plain terms, 392.82DUMT is cited for driver - Using a hand-held mobile telephone. It falls under the FMCSA rules on safe driving of commercial vehicles.

What the inspector checks

•Current and prior-7-day records of duty status
•ELD present, functioning, and logged in with correct data
•Form-and-manner: no false, missing, or out-of-order logs
•11/14-hour and 60/70-hour limits

How to prevent it

✓Log in and annotate the ELD correctly every day; fix edits promptly
✓Never falsify — a false log is one of the highest-severity violations
✓Plan trips around your available hours and keep supporting docs

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.

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Challenging 392.82DUMT through FMCSA DataQs

If this violation was written incorrectly, here are the angles trucking-safety managers use to contest it. Playbook: Unsafe 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 392.82DUMT →Read the DataQs guide first

More codes in Unsafe Driving

Same BASIC category — ranked by national citation volume

View all Unsafe Driving codes →

Other Phone Call codes

Codes under the same FMCSA violation group

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Frequently asked questions about 392.82DUMT

What does violation 392.82DUMT mean?

392.82DUMT is the FMCSA roadside-inspection violation code for "Driver - Using a hand-held mobile telephone.", part of the Phone Call group, cited under 49 CFR §392.82DUMT.

What BASIC does 392.82DUMT affect?

392.82DUMT falls under the Unsafe Driving BASIC in the FMCSA Safety Measurement System (SMS).

What is the CSA severity weight of 392.82DUMT?

392.82DUMT 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 392.82DUMT an out-of-service (OOS) violation?

No. 392.82DUMT 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 392.82DUMT add to a carrier's score?

The point contribution of 392.82DUMT 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 392.82DUMT?

Log in and annotate the ELD correctly every day; fix edits promptly; Never falsify — a false log is one of the highest-severity violations; Plan trips around your available hours and keep supporting docs.

Can 392.82DUMT be challenged through DataQs?

Yes. If you believe 392.82DUMT 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 392.82DUMT Unsafe Driving BASIC Carrier CSA lookup CSA glossary

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