Skip to main content
(682) 978-8641
O Trucking
Hire Drivers Contact Website Call
FMCSA Violation Code

392.80A — Driving a CMV while texting

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

Driver citation CSA weight 10
OOS-eligible
Code
392.80A
CFR section
49 CFR 392
BASIC
Unsafe Driving
Severity
10/10
Out-of-Service
No
Unit type
Driver
O Trucking From the O Trucking network Flat-rate truck dispatch — $250/wk semis No % fees. No contracts. Dry van, reefer, flatbed, hotshot. Get dispatch

What this violation means

10 SMS points — the maximum. Texting while driving a CMV is a 'serious traffic violation' under 383.51 and a single offense doesn't disqualify, but a second in 3 years means 60-day CDL suspension. The fine ranges $2,750-11,000 for the driver and up to $11,000 for the carrier if shown they allowed/required texting. Texting includes email, social media, messaging apps — anything keyboard-based.

How often this is cited (last 24 months)

In the last 24 months, 392.80A was cited 428 times at roadside inspections against 409 carriers, with no out-of-service results. It ranks #49 among the violation codes in our records by citation count. Most recent citation on record: Jul 31, 2026.

Why this gets cited

Dispatch apps requiring text-based load confirmations while driving (the carrier is on the hook for this). Personal messaging. Truck-stop reservation apps. The single biggest culprit in fleet audits is owner-operators texting their dispatch broker for next-load info while still moving.

How to fix / prevent

Hands-free dispatch tools (Geotab, Samsara, Drivewyze). Voice-to-text only. Pull over for any keyboard-based communication. For fleet managers: dashcam reviews catch this and let you coach before FMCSA does.

Out-of-service criteria

No — this violation is not typically out-of-service eligible. The inspector will note 392.80A 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 10/10 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

392.80A 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 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 392.80A in FMCSA inspection records (rolling 24-month window).

  • UNFI TRANSPORT LLC
    DOT #179097 • last cited 2026-02-06
    3×
  • UNITED PARCEL SERVICE INC
    DOT #21800 • last cited 2025-09-12
    3×
  • TYSON FOODS INC
    DOT #3327 • last cited 2025-08-11
    3×
  • MONVEL LLC
    DOT #3450742 • last cited 2025-05-20
    3×
  • NEW PRIME INC
    DOT #3706 • last cited 2026-05-23
    2×
  • VESTIS SERVICES LLC
    DOT #221707 • last cited 2026-04-28
    2×
  • FIRSTFLEET INC
    DOT #313891 • last cited 2026-04-10
    2×
  • VOSS DISTRIBUTING LLC
    DOT #1908092 • last cited 2026-04-08
    2×
  • STEVENS TRANSPORT INC
    DOT #79466 • last cited 2026-01-10
    2×
  • ZEEGOT LOGISTICS LLC
    DOT #3013981 • last cited 2025-12-09
    2×
Other violations in Unsafe Driving
392.2-SLLS4Sev 10
State/local laws — Speeding 15+ mph over limit
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
392.2-FCSev 5
Failure to obey traffic control device

Related

Frequently Asked Questions

Can I be placed out of service for 392.80A?
No — 392.80A 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 392.80A plus a brake violation, they're putting you OOS for the brake issue, not this one.
How long does 392.80A affect my CSA score?
392.80A stays in your CSA Unsafe Driving 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 392.80A and similar codes?
392.80A is in the 8-code group sharing the same BASIC. The closest siblings are: <strong>392.2-SLLS4</strong> (State/local laws — Speeding 15+ mph over limit); <strong>392.82A1</strong> (Using a hand-held mobile phone while operating a CMV); <strong>392.16</strong> (Failing to use seat belt while operating 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.
How often is 392.80A cited?
In the last 24 months, 392.80A was cited 428 times at roadside inspections against 409 carriers, with no out-of-service results. It ranks #49 among the violation codes in our records by citation count. Most recent citation on record: Jul 31, 2026.

CSA scores rising? Get a compliance audit.

(682) 978-8641 Send a message

Ready to Grow Your Trucking Business?

Dispatch support for your trucking business. Explore our current service options.

Get Started Free (682) 978-8641