392.6 — Scheduling run impossible without violating HOS
49 CFR 392 • Unsafe Driving BASIC • Severity 5/10
What this violation means
Carrier dispatched a load with a delivery deadline that can't be met without violating HOS rules. 5 SMS points — typically cited against the carrier, not the driver, because the driver isn't the one setting the schedule. Inspectors look for this pattern in dispatch records during compliance reviews.
How often this is cited (last 24 months)
In the last 24 months, 392.6 was cited 1 time at roadside inspections against 1 carrier, with no out-of-service results. It ranks #71 among the violation codes in our records by citation count. Most recent citation on record: Feb 13, 2025.
Why this gets cited
Sales team committing to deliveries before checking driver hours. Dispatch software not factoring HOS into commitment time.
How to fix / prevent
HOS-aware dispatching. Commit delivery times based on driver's available drive hours, not the customer's preferred schedule. If you can't meet the deadline, decline the load.
Out-of-service criteria
No — this violation is not typically out-of-service eligible. The inspector will note 392.6 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 5/10 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
392.6 carries a severity weight of 5/10 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%).
Carriers recently cited (last 24 months)
Carriers most-recently cited for 392.6 in FMCSA inspection records (rolling 24-month window).
- 1×MAHAR TRANS INCDOT #3566185 • last cited 2025-02-13
Other violations in Unsafe Driving
Related
- → Browse all FMCSA violation codes
- → More Unsafe Driving violations
- → FMCSA regulations & compliance
- → Look up a carrier safety record
- → 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