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FMCSA Violation Code

392.4A — Driver on duty with controlled substance

49 CFR 392 • Controlled Substances & Alcohol BASIC • Severity 10/10

Out-of-service eligible Driver citation CSA weight 10
OUT-OF-SERVICE eligible
Code
392.4A
CFR section
49 CFR 392
BASIC
Controlled Substances & Alcohol
Severity
10/10
Out-of-Service
Yes
Unit type
Driver

What this violation means

Driver on duty while possessing or under the influence of a controlled substance (including prescription opioids without specific authorization). 10 SMS points, OOS, federal disqualification, and on a positive drug test the FMCSA Clearinghouse records the driver permanently.

How often this is cited (last 24 months)

In the last 24 months, 392.4A was cited 174 times at roadside inspections against 142 carriers, and 91.4% of those citations were out-of-service violations. It ranks #57 among the violation codes in our records by citation count. Most recent citation on record: Oct 3, 2026.

Why this gets cited

Prescription medication (opioid painkiller after dental work) without doctor's letter clearing for CDL. Marijuana use (still federally Schedule I — illegal regardless of state law). Stimulant use to stay awake.

How to fix / prevent

Carry doctor's letter for any DOT-restricted prescription. Marijuana is a hard NO regardless of state laws. Random drug testing program (382.305) catches this proactively.

Out-of-service criteria

Yes — this violation IS out-of-service eligible. When an inspector finds 392.4A during a Level 1, 2, or 3 inspection, they can place the Driver OOS using the North American Standard Out-of-Service Criteria. OOS means the truck cannot move from the inspection site until the defect is corrected (vehicle OOS) or the driver is replaced (driver OOS). For carriers, every OOS violation adds time-weighted points to your CSA Controlled Substances & Alcohol BASIC — and it shows in the public SMS data within 30 days. For drivers, an OOS event stays on PSP for 3 years.

CSA / SMS impact

392.4A carries a severity weight of 10/10 in FMCSA's Safety Measurement System (SMS). Higher weights mean faster CSA percentile movement. Combined with a time-weighting factor (3× for citations within the last 6 months, decaying over 24 months), this violation can move your Controlled Substances & Alcohol BASIC percentile significantly if it stacks with similar citations across your fleet. The threshold for FMCSA intervention is the 65th percentile for most BASICs (50th for Hazmat and Passenger Carrier). Once you cross that, FMCSA can send a Warning Letter, Off-Site Investigation, or full Compliance Review.

How to read this: a single citation rarely puts you over threshold — it's the pattern. Track your inspection rate per power unit and aim for OOS rate under 5% (industry average is 21%).

Carriers recently cited (last 24 months)

Carriers most-recently cited for 392.4A in FMCSA inspection records (rolling 24-month window).

  • TRICOLOR AUTO GROUP LLC
    DOT #3718806 • last cited 2025-05-12
    3×
  • YUGOS LOGISTICS LLC
    DOT #3451646 • last cited 2025-03-09
    3×
  • ROAD RUNNER LOGISTICS LLC
    DOT #4217751 • last cited 2026-09-14
    2×
  • M & J EXPRESS GROUP INC
    DOT #2827431 • last cited 2026-09-04
    2×
  • SHARK FREIGHT TRUCKING INC
    DOT #3942921 • last cited 2026-08-24
    2×
  • WYNN EXPRESS INC
    DOT #3654603 • last cited 2026-08-18
    2×
  • LIA EXPRESS INC
    DOT #2997828 • last cited 2026-07-24
    2×
  • MIDWEST SEAMLESS GUTTERS AND SIDING INC
    DOT #3234786 • last cited 2026-06-02
    2×
  • DEDICATED OPERATIONS COMPANY
    DOT #3944945 • last cited 2026-06-01
    2×
  • SUPERIOR HEALTH LINENS
    DOT #650739 • last cited 2026-04-29
    2×
Other violations in Controlled Substances & Alcohol
382.213OOS
Controlled substance use within 4 hours of duty
382.215OOS
Refusal to submit to controlled substance test
382.303ASev 10
Failing to conduct post-accident drug/alcohol test
382.305Sev 10
Carrier failed to implement random controlled substances testing program
392.4OOS
Possession of drug paraphernalia or controlled substance
392.5AOOS
Possession of alcohol in CMV
382.301Sev 5
Pre-employment drug test not conducted
382.307Sev 5
Reasonable suspicion drug test not conducted

Related

Frequently Asked Questions

Can I be placed out of service for 392.4A?
Yes. 392.4A is on the North American Standard Out-of-Service Criteria list. An inspector who finds this during a Level 1, 2, or 3 inspection can place the Driver OOS at the inspection site. The truck cannot move until the defect is corrected. For vehicle-side OOS, that usually means a mobile mechanic or tow to the nearest shop. For driver-side OOS (HOS, CDL, drug/alcohol), it means the driver is removed from service and a qualified replacement must arrive before the truck can continue. Pro tip: do a thorough pre-trip every shift and address any issue listed in 49 CFR 392 before pulling onto the road — that's the only reliable way to avoid this one.
How long does 392.4A affect my CSA score?
392.4A stays in your CSA Controlled Substances &amp; Alcohol BASIC for <strong>24 months</strong> from the inspection date. The impact is time-weighted: 3× points during months 0-6, 2× during months 7-12, 1× during months 13-24, then it drops off. Severity weight is 10/10, so each citation contributes 30 points in the first 6 months and decays from there. On the driver's PSP report, the same citation stays visible for <strong>36 months</strong> — and a 5-year history of driver violations is available to motor carriers performing a hire review. If the citation is later dismissed in court (DataQs challenge succeeds, or the underlying ticket is dropped), the SMS record can be removed via FMCSA's DataQs portal — but you have to actively file the challenge.
What's the difference between 392.4A and similar codes?
392.4A is in the 8-code group sharing the same BASIC. The closest siblings are: <strong>382.213</strong> (Controlled substance use within 4 hours of duty); <strong>382.215</strong> (Refusal to submit to controlled substance test); <strong>382.303A</strong> (Failing to conduct post-accident drug/alcohol test). Inspectors often cite multiple sibling codes from the same inspection — for example, a tire condition violation can simultaneously trigger codes for tread depth, sidewall, and inflation pressure. When you get cited under one sibling, check the report for the others before signing — they all count separately against CSA scoring.
How often is 392.4A cited?
In the last 24 months, 392.4A was cited 174 times at roadside inspections against 142 carriers, and 91.4% of those citations were out-of-service violations. It ranks #57 among the violation codes in our records by citation count. Most recent citation on record: Oct 3, 2026.

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