What 392.2-HOS means in plain language
FMSCR 392.2-HOS prohibits you from driving a commercial motor vehicle when your physical or mental condition—whether from fatigue, illness, medication effects, or any other cause—has degraded your ability to operate safely. The rule doesn't require you to be on the verge of a crash or physically incapacitated. It's about alertness and impairment that make it unsafe to begin or continue driving.
Inspectors apply this code when they observe signs that your condition has compromised your safety judgment or reaction time. Common triggers include visible fatigue (drooping eyelids, difficulty focusing), signs of acute illness (coughing, fever symptoms), or admissions during questioning that you haven't slept enough or are taking medications that impair alertness. The citation doesn't automatically mean you broke HOS rules—it means an officer determined your condition at that moment was unsafe.
What our enforcement data actually shows
Across our 13 million+ roadside inspection records, 392.2-HOS is a low-frequency violation. All-time citations total 345, with 156 in the last 12 months and 26 in the last 90 days. This code ranks #1040 out of 3,036 FMCSR codes by citation volume—making it relatively uncommon.
When you do get cited for 392.2-HOS, it rarely results in an out-of-service order. The all-time OOS rate is 0.6% (2 drivers placed OOS out of 343 citations that didn't result in OOS). This is substantially lower than the all-FMCSR average OOS rate of 31.4%. In practical terms: this violation almost never gets you immediately off the road. Officers use it as a warning and a documented safety concern rather than an immediate roadworthiness finding.
The trend over the last year shows some seasonal variation. May 2025 saw the highest monthly count with 18 citations, while November 2025 dropped to 9. Most months cluster between 10 and 17 citations, indicating consistent low-level enforcement.
Who gets cited most
Our inspection records show Wisconsin leads with 9 citations in the last 180 days, followed by Arizona and Georgia, each with 8. Pennsylvania has 6 citations, and Kansas has 3. Notably, none of these top states have placed any drivers out of service for this violation—all OOS rates are 0.0% across the board.
The geographic spread suggests 392.2-HOS enforcement is not concentrated in a single region. Inspectors in different states apply the standard with similar restraint: they cite the violation but do not escalate to immediate removal from service.
By carrier, our data shows fleets such as True Organic Products Inc (USDOT 1711151) with 5 citations all-time, and Federal Express Corporation (USDOT 86876) and Werner Enterprises Inc (USDOT 53467) each with 3. These numbers reflect the violation's rarity even among large fleets.
How severe is this compared to similar codes
Fatigue and illness violations exist across multiple code variants within the 392.2 family. The base 392.2 code has accumulated 1,208,164 citations with a 0.8% OOS rate. The variant 392.2-SLLSR shows 191,232 citations with a 0.1% OOS rate, and 392.2-RG has 96,652 citations with 0.1% OOS rate.
Compared to these peer codes, 392.2-HOS is dramatically less common. The core 392.2 code is cited roughly 3,500 times more often. However, your specific citation variant (392.2-HOS) carries the same CSA Severity Weight of 8, meaning FMCSA considers it equally serious as its peer variants when evaluating your safety record for SMS (Safety Management System) scoring.
The extremely low OOS rate across all 392.2 variants (all below 2.4%) confirms that inspectors treat these as behavior-based warnings rather than mechanical or compliance failures that warrant immediate removal.
How to avoid it
Based on what commonly appears alongside 392.2-HOS citations in our data, here are actionable steps:
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Pre-trip sleep audit. Before every shift, honestly assess whether you've had adequate rest. If you've slept fewer than 5 hours in the past 24 hours or feel drowsy, delay departure or arrange relief. Inspectors specifically watch for fatigue cues.
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Maintain accurate records of duty status (RODS). Three of the top co-occurring violations involve false or missing RODS. Ensure your logbook or ELD entries are contemporaneous and honest. Discrepancies between logged hours and your observed alertness trigger inspector suspicion.
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Get your medical certificate in order. Medical (Certificate) violations appear frequently with 392.2-HOS citations. If you're operating under a medical waiver or exemption, carry proof. If your medical condition requires medication that affects alertness, consult your doctor about timing doses around non-driving hours.
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Perform thorough pre-trip vehicle inspections. Two co-occurring violations involve missing proof of periodic inspection. While vehicle condition doesn't cause fatigue, a well-maintained pre-trip routine signals to inspectors that you're alert and methodical—the opposite of the impaired driver profile.
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Monitor your health before the road. If you're running a fever, coughing heavily, or have just started a new medication, consider whether this is a day to haul freight. Inspectors note visible illness symptoms and will cite if they believe your condition affects safe operation.
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Know your carrier's fatigue-reporting policy. If your fleet (like those in our top-cited carriers) has a procedure for reporting fatigue or requesting time off, use it. Documentation that you self-reported concern protects both you and your carrier if a later issue arises.