What 392.10A4 means in plain language
When you operate a hazardous materials cargo tank vehicle, you are required to come to a complete stop before crossing any railroad tracks. This is not a rolling stop or a cautious approach—it's a full stop. The regulation exists because cargo tank vehicles carrying hazmat create catastrophic risk if struck by a train.
The moment you approach railroad crossing signals or gates, you must bring your vehicle to a complete halt. This applies regardless of whether you see a train approaching. The requirement is absolute: stop before the crossing, ensure the tracks are clear, and only proceed when it is safe to do so.
This citation appears on your record when an inspector or law enforcement officer documents that you either rolled through a crossing, failed to come to a full stop, or crossed while warning signals were active.
What our enforcement data actually shows
Across 13 million roadside inspections, our database shows that 392.10A4 has been cited 9 times in total enforcement history, with 5 citations logged in the last 12 months and 1 in the last 90 days. This places the code at #2230 out of 3,036 FMCSR violations by citation volume.
The most important finding: our inspection records show a 0.0% out-of-service rate for this citation across all 9 cases. No driver cited for 392.10A4 was placed out of service. This is significantly lower than the all-FMCSR average out-of-service rate of 31.4%, which suggests that inspectors view this violation as correctable through citation and warning rather than as an immediate safety threat requiring vehicle removal.
However, rarity does not mean leniency. The absence of OOS placements reflects the fact that the violation is uncommon—not that it is trivial. Any failure to stop at a railroad crossing while hauling hazmat is a serious compliance gap.
Who gets cited most
Over the last 180 days, our data shows citations for 392.10A4 concentrated in two states:
- Texas: 3 citations, 0% out-of-service rate
- New Mexico: 1 citation, 0% out-of-service rate
No material variation in OOS rates exists across these jurisdictions; both states show 0.0% enforcement leading to vehicle removal.
Across all-time records, our inspection data shows fleets such as Solvents & Petroleum Service Inc, DKL Transportation LLC, and Hudson Tank Lines LLC each with one citation. This citation pattern is dispersed; no single carrier dominates the enforcement record, which indicates that the violation occurs sporadically across different fleets and does not correlate with systemic training or procedural failures at any particular operation.
How severe is this compared to similar codes
Code 392.10A4 falls in the Unsafe Driving category alongside other violations. Comparing it to peer codes by citation volume and enforcement intensity:
- 392.2 (Operating a CMV while ill or fatigued) has logged 1,208,164 citations with a 0.8% OOS rate—orders of magnitude more frequent enforcement but similar out-of-service stringency.
- 392.2-SLLSR (Operating a CMV while ill or fatigued, variant) shows 191,232 citations with a 0.1% OOS rate—again, far more common.
- 392.2-SLLS2 (Speeding 6–10 mph over limit) records 72,337 citations with a 0.0% OOS rate—matching this code's zero out-of-service severity.
The takeaway: 392.10A4 is rare, but when cited, it carries the same out-of-service threshold (none) as speeding violations. This does not minimize the safety risk; it reflects that a single citation is treated as correctable through driver awareness, not as a vehicle defect or immediate operational hazard.
How to avoid it
The violation occurs during the act of crossing—before you even reach the tracks, your decision-making and procedural execution determine compliance. Our co-occurring violation data shows that in the last 90 days, one inspection recording 392.10A4 also captured 392.2 (Operating a CMV while ill or fatigued) and 392.2-SLLS2 (Speeding 6–10 mph over limit). This pattern suggests that railroad crossing failures are more common when driver alertness is degraded or speed discipline is weak.
Before you approach any railroad crossing:
- Reduce speed well in advance. Your reaction time and stopping distance are longer in a loaded hazmat cargo tank; speeding eliminates margin for error.
- Scan ahead for railroad crossing signs and signals. Do not rely on last-minute visual confirmation of warning lights or gates.
- Ensure you are alert and rested. Fatigue degrades your ability to perceive crossing warnings and execute a full stop.
- Know your vehicle. Freightliner, Mack, and Peterbilt models dominate the citation history. Familiarize yourself with your cargo tank's braking response and stopping distance under load.
- At the crossing, perform a full stop. Come to zero mph, shift into neutral, and visually clear the tracks in both directions before proceeding.
- Never assume clear tracks after one glance. Train speed makes visual assessment deceptive; assume a train is coming until you have confirmed the crossing is safe.
The regulation is unambiguous: stop, confirm safety, proceed. Your citation tells you that you did not execute that sequence. Fix it before your next crossing.