Violation 392.82(a)(1), explained
By TruePermitReviewed by the TruePermit compliance teamSMS list v3.21, retrieved
On the roadside report this cite reads: "Using a hand-held mobile telephone while operating a CMV". FMCSA scores it in the Unsafe Driving category with an official severity weight of 10 of 10 — among the most severe on FMCSA's list, and it counts on the driver's own record as well as the carrier's.
- Severity weight
- 10/10
- CSA BASIC
- Unsafe Driving
- Violation group
- Phone Call
- Driver's record (DSMS)
- Yes — counts for the driver too
What the Unsafe Driving category is
Moving violations observed by an officer: speeding, phone use, seat belt, lane and following-distance offenses.
These cites carry some of the highest severity weights on the list (texting and 15+ speeding sit at 10 of 10), and most also land on the driver's own record, not just the carrier's.
What to do after this cite
- Fix the underlying condition before the next dispatch. The violation stays in the two-year record either way — the repeat is what compounds the damage, and recurring findings in one group are what invite closer attention.
- Keep the paper trail together: the inspection report, the repair receipt or corrected log, and photos if the condition was borderline.
- If the data is wrong, use DataQs (dataqs.fmcsa.dot.gov): wrong truck, wrong carrier, a cite that doesn't match the condition. Data reviews correct errors; they don't erase valid violations, and no service can promise otherwise.
- If a citation came with it, the fine, court and deadline are on the citation itself — that's a state court matter separate from this federal safety record.
Frequently asked
- What does violation 392.82(a)(1) mean?
- It's the cite an inspector writes for: "Using a hand-held mobile telephone while operating a CMV". In FMCSA's Safety Measurement System it belongs to the Unsafe Driving category (violation group: Phone Call) with an official severity weight of 10 out of 10 — among the most severe on FMCSA's list.
- How long does 392.82(a)(1) stay on the record?
- Roadside inspection violations stay in the carrier's SMS data for two years, with recent events weighted more heavily than older ones. Fixing the condition doesn't remove the violation — it prevents the repeat, which is what protects the record going forward.
- Does 392.82(a)(1) affect the driver or the carrier?
- Both. This cite is included in the Driver SMS, so it counts on the driver's own inspection history as well as the carrier's record.
- Can I dispute it?
- If the recorded data is wrong — wrong vehicle or carrier, a cite that doesn't match the condition — file a DataQs Request for Data Review at dataqs.fmcsa.dot.gov with your inspection report and evidence. Data errors do get corrected; valid violations don't get erased, and repairing the issue afterwards doesn't make the original cite incorrect.
Related violations
See your own roadside record — free
Enter your USDOT number and get your carrier's federal snapshot: inspections, out-of-service rates against FMCSA's reference averages, crash counts, and every filing deadline your operation has coming. No signup.
Check my USDOT →Cite, description and severity weight verbatim from FMCSA's SMS Methodology Appendix A (v3.21, retrieved 2026-09-06). Out-of-service criteria are CVSA's licensed publication and are not reproduced. General information, not legal advice.