Violation code

392.4A-POS

Driver on duty and in possession of a narcotic drug / amphetamine

Controlled Substances/Alcohol10OOS· SMS Appendix A v3.20

392.4A-POS is a Drugs violation under 49 CFR §392.4A-POS. It falls in the Controlled Substances/Alcohol BASIC with a severity weight of 10/10 and is an out-of-service violation. Nationally it was cited 9,686 times in the last five years, with an OOS rate of 95.8%.

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National roadside inspection stats

as of 9/20/2026

Inspections

9,362

that found this code

Violations

9,686

total written

OOS rate

95.8%

9,284 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: Drugs
Regulation §: 392.4A-POS
Severity weight: 10
Used in SMS: Yes
Status: Active
Updated: 9/22/2026

Last updated September 2026

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Notes

DSMS: Y | Comment: Added in 3.0.8 | Footnote: This violation was applied retroactively in the SMS with the July 28, 2017 run.

What 392.4A-POS means — and how to avoid it

In plain English

In plain terms, 392.4A-POS is cited for driver on duty and in possession of a narcotic drug / amphetamine. 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

•Signs of impairment or possession
•Testing-program compliance where applicable

How to prevent it

✓Zero tolerance on duty; know your carrier’s testing policy
✓Never operate within the prohibited window after alcohol

How it affects your CSA

up to 36 pts (fresh)

Severity 10/10 (+2 because it’s an out-of-service violation, so 12 effective). A fresh citation counts at the 3× time weight — up to 36 points toward the Controlled Substances/Alcohol 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 392.4A-POS through FMCSA DataQs

If this violation was written incorrectly, here are the angles trucking-safety managers use to contest it. Playbook: Controlled Substances / Alcohol.

Common ways to challenge this code

Drug & Alcohol Clearinghouse record was misreported
The reported positive test, refusal, or violation was misattributed or already resolved through the return-to-duty process.
Evidence that wins
- ✓Clearinghouse query result for the relevant date
- ✓MRO (Medical Review Officer) report
- ✓Substance Abuse Professional follow-up plan completion

Common pitfalls — avoid these

⚠Drug & Alcohol challenges have high bar — engage the MRO directly before filing

⚡ Draft a challenge for 392.4A-POS →Read the DataQs guide first

More codes in Controlled Substances/Alcohol

Same BASIC category — ranked by national citation volume

View all Controlled Substances/Alcohol codes →

Other Drugs codes

Codes under the same FMCSA violation group

392.4(a)
10OOS
Driver uses or is in possession of drugs

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Frequently asked questions about 392.4A-POS

What does violation 392.4A-POS mean?

392.4A-POS is the FMCSA roadside-inspection violation code for "Driver on duty and in possession of a narcotic drug / amphetamine", part of the Drugs group, cited under 49 CFR §392.4A-POS.

What BASIC does 392.4A-POS affect?

392.4A-POS falls under the Controlled Substances/Alcohol BASIC in the FMCSA Safety Measurement System (SMS).

What is the CSA severity weight of 392.4A-POS?

392.4A-POS 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 Controlled Substances/Alcohol score.

Is 392.4A-POS an out-of-service (OOS) violation?

Yes. 392.4A-POS 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 392.4A-POS add to a carrier's score?

The point contribution of 392.4A-POS 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 392.4A-POS?

Zero tolerance on duty; know your carrier’s testing policy; Never operate within the prohibited window after alcohol.

Can 392.4A-POS be challenged through DataQs?

Yes. If you believe 392.4A-POS 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 392.4A-POS Controlled Substances/Alcohol BASIC Carrier CSA lookup CSA glossary

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