FMCSA Violation Code

392.50 — Fueling violations (smoking, engine running)

49 CFR 392 • Unsafe Driving BASIC • Severity 4/10

Driver citation CSA weight 4

Minor

Code

392.50

CFR section

49 CFR 392

BASIC

Unsafe Driving

Severity

4/10

Out-of-Service

Unit type

Driver

What this violation means

Smoking near fuel operation, fueling with engine running, fueling without driver attending. 4 SMS points.

Why this gets cited

Driver complacency at the pump.

How to fix / prevent

Engine off, no smoking, driver at the pump for the entire fueling operation.

Out-of-service criteria

No — this violation is not typically out-of-service eligible. The inspector will note 392.50 on the inspection report (form MCS-63), but the truck/driver can usually continue after the inspection ends. It still counts against the carrier in CSA scoring (severity 4/10 weight, time-weighted over 24 months) and shows on the driver's PSP record. A pattern of these non-OOS violations across multiple inspections is what triggers FMCSA intervention — a single citation rarely does.

CSA / SMS impact

392.50 carries a severity weight of 4/10 in FMCSA's Safety Measurement System (SMS). Higher weights mean faster CSA percentile movement. Combined with a time-weighting factor (2× for citations within the last 6 months, decaying over 24 months), this violation can move your Unsafe Driving 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%).

Other violations in Unsafe Driving

392.2-SLLS4Sev 10

State/local laws — Speeding 15+ mph over limit

392.80ASev 10

Driving a CMV while texting

392.82A1Sev 10

Using a hand-held mobile phone while operating a CMV

392.16Sev 7

Failing to use seat belt while operating CMV

392.2-SLLS3Sev 7

State/local laws — Speeding 11-14 mph over limit

392.9A1OOS

Failure to secure load (driver-side responsibility)

392.10Sev 5

Failed to stop at railroad grade crossing (certain vehicles)

392.14Sev 5

Failure to use extreme caution in hazardous conditions

Frequently Asked Questions

Can I be placed out of service for 392.50?

No — 392.50 is not on the standard OOS criteria for most inspectors. You'll be cited on the inspection report (MCS-63), the violation will hit your CSA scores, and the driver's PSP record, but you can usually continue the trip after the inspection wraps. Caveat: an inspector has discretion to escalate to OOS if they observe a separate, more serious condition during the same inspection. If they find 392.50 plus a brake violation, they're putting you OOS for the brake issue, not this one.

How long does 392.50 affect my CSA score?

392.50 stays in your CSA Unsafe Driving BASIC for 24 months 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 4/10, so each citation contributes 12 points in the first 6 months and decays from there. On the driver's PSP report, the same citation stays visible for 36 months — 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 392.50 and similar codes?

392.50 is in the 8-code group sharing the same BASIC. The closest siblings are: 392.2-SLLS4 (State/local laws — Speeding 15+ mph over limit); 392.80A (Driving a CMV while texting); 392.82A1 (Using a hand-held mobile phone while operating a CMV). 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.

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392.50 — Fueling violations (smoking, engine running)

What this violation means

Related

Frequently Asked Questions

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