Violation code

392.3-FPASS

Fatigue - Operate a passenger-carrying CMV while impaired by fatigue.

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

392.3-FPASS is a Jumping OOS/Driving Fatigued violation under 49 CFR §392.3-FPASS. It falls in the Hours-of-Service Compliance BASIC with a severity weight of 10/10. Nationally it was cited 56 times in the last five years, with an OOS rate of 96.4%.

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National roadside inspection stats

as of 6/20/2026

Inspections

that found this code

Violations

total written

OOS rate

96.4%

54 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-FPASS
Severity weight: 10
Used in SMS: Yes
Status: Active
Updated: 6/20/2026

Last updated June 2026

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Notes

DSMS: Y

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Challenging 392.3-FPASS 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-FPASS →Read the DataQs guide first

More codes in Hours-of-Service Compliance

Same BASIC category — ranked by national citation volume

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Other Jumping OOS/Driving Fatigued codes

Codes under the same FMCSA violation group

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Frequently asked questions about 392.3-FPASS

What does violation 392.3-FPASS mean?

392.3-FPASS is the FMCSA roadside-inspection violation code for "Fatigue - Operate a passenger-carrying CMV while impaired by fatigue.", part of the Jumping OOS/Driving Fatigued group, cited under 49 CFR §392.3-FPASS.

What BASIC does 392.3-FPASS affect?

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

What is the CSA severity weight of 392.3-FPASS?

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

No. 392.3-FPASS 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-FPASS add to a carrier's score?

The point contribution of 392.3-FPASS 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.

Can 392.3-FPASS be challenged through DataQs?

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

392.3-FPASS

National roadside inspection stats

Challenging 392.3-FPASS through FMCSA DataQs

ELD malfunction or edit-history defect

Time was Personal Conveyance, not driving

Adverse driving conditions exception

Sleeper-berth split timing