392.2-SLLEWG2: Cited for Driving While Ill or Fatigued?

Got a 392.2-SLLEWG2 citation? Here's what our 8,546-citation dataset tells you about consequences, top states, and how to protect your CSA score.

Severity Weight
8
OOS Eligible
No
BASIC Category
Unsafe Driving
Code System
FMCSR
Code:
392.2-SLLEWG2
Code System:
FMCSR
BASIC Category:
Unsafe Driving
OOS Eligible:
No
Severity Weight:
8

Ranks #241 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.6% is below the FMCSR-wide average of 33.2%.

Violation Description

Operating a commercial motor vehicle while the driver's ability or alertness is so impaired through fatigue, illness, or any other cause as to make it unsafe for the driver to begin or continue to operate the vehicle.

In-Depth Explainer

Grounded in TruckCodex roadside-inspection data

What 392.2-SLLEWG2 means in plain language

This citation comes down to one core idea: a driver whose ability or alertness is compromised — whether from fatigue, illness, or any similar condition — should not be operating a commercial motor vehicle. If an inspector determines your condition makes it unsafe to keep driving, 392.2-SLLEWG2 is the code they'll write on your inspection report.

The regulation covers a wide range of impairment. It doesn't matter whether you slept poorly the night before, you're fighting the flu, or you're simply too exhausted after a long stretch of driving. If the inspector believes your condition poses a safety risk to yourself or anyone else on the road, the citation applies.

For drivers, the important takeaway is that this is not a mechanical defect citation — it's a direct judgment about your fitness to drive at the moment of the inspection. That makes the officer's subjective assessment central to whether you get cited, and it also means the best defense starts well before you pull out of the terminal.

What our enforcement data actually shows

Across our database of 13 million+ roadside inspections, 392.2-SLLEWG2 has accumulated 8,546 all-time citations, placing it at #247 out of 3,036 FMCSR codes by citation volume. That's a meaningful enforcement footprint — this is not a rarely-used code.

Enforcement has accelerated sharply. Our inspection records show 5,579 citations in the last 12 months alone, and 1,046 in just the last 90 days. To put that in context, 5,579 citations in a single year means this code is averaging well over 400 citations per month nationally during peak enforcement periods — our data for July 2025 shows the single-month high of 603 citations.

The out-of-service picture is more reassuring. Of the 8,546 all-time citations, only 52 resulted in a driver being placed out of service — an OOS rate of 0.6%. Compare that to the all-FMCSR average OOS rate of 31.4%, and you can see how dramatically different this code behaves. Being cited does not typically mean your truck gets parked on the spot. That said, the 52 instances where it did happen are real, and they illustrate that the inspector does have the authority to sideline you if the impairment is deemed severe enough.

This code carries a CSA severity weight of 8, which means every citation lands hard on your Behavior Analysis and Safety Improvement Category (BASIC) score in the Unsafe Driving category. Even without an OOS event, the points accumulate and can trigger FMCSA intervention thresholds.

Who gets cited most

Looking at the last 180 days in our database, South Carolina leads all states with 296 citations, followed by Florida at 199 and Iowa at 149. Connecticut and New Jersey are close behind at 132 and 127 citations respectively.

One state-level pattern stands out immediately: California shows a 16.0% OOS rate on 94 citations — far above the 0.0% OOS rate recorded in South Carolina, Florida, Iowa, and every other top state. That's a gap of more than 16 percentage points. If you operate lanes through California, California inspectors appear significantly more likely to escalate a 392.2-SLLEWG2 citation to an actual out-of-service order compared to inspectors in other high-volume states.

On the carrier side, our data shows fleets such as Ray Walker Trucking Company Inc (USDOT 178847) with 56 all-time citations and L A Barrier & Son Inc (USDOT 258355) with 40 all-time citations appearing at the top of the citation list. High citation counts at specific carriers often reflect high inspection exposure — companies with large fleets or high-mileage operations will naturally accumulate more inspections and therefore more citations across all codes.

How severe is this compared to similar codes

Within the same Unsafe Driving category, 392.2-SLLEWG2 sits in a family of closely related codes, all covering the broad concept of operating while ill or fatigued. The parent code, 392.2, has accumulated 1,208,164 all-time citations with a 0.8% OOS rate — dwarfing the 8,546 citations under 392.2-SLLEWG2 and confirming that the parent code is the primary enforcement tool inspectors reach for.

Code 392.2-SLLSR (also Operating a CMV while ill or fatigued) shows 191,232 all-time citations and a 0.1% OOS rate, making it far more commonly cited than 392.2-SLLEWG2 but with an even lower OOS rate. Meanwhile, 392.2-SLLEQP (Operating a CMV while ill or fatigued) carries a noticeably higher 2.4% OOS rate across 72,352 citations — suggesting that variant of the code, when written, leads to out-of-service orders at roughly four times the rate of 392.2-SLLEWG2.

The pattern across these peer codes reinforces a consistent theme: citations in this family are very common, OOS rates are universally low compared to the 31.4% all-FMCSR average, but the CSA severity weight of 8 means the scoring damage is real regardless of whether you get parked.

How to avoid it

The co-occurring citation data from our inspection records points to concrete areas where drivers can reduce risk before a single inspector ever walks up to the cab window.

  • Know what's being cited alongside this code. In the last 90 days, 78 inspections that included a 392.2-SLLEWG2 citation also included a 396.17C-PI citation for no proof of periodic inspection. An inspector who finds a paperwork gap is already skeptical — don't give them a second reason to scrutinize your condition.
  • Have a CDL in hand, always. Our data shows 53 inspections in the last 90 days where 392.2-SLLEWG2 was cited alongside 383.23A2-LCDLN, the code for operating without a valid CDL. An inspector writing one of these is writing both.
  • Check your tires on every pre-trip. Code 393.75A3-TAOL (tires leaking or inflated below 50% of maximum pressure) appeared in 38 of the same inspections as 392.2-SLLEWG2 in the last 90 days. A mechanical defect like a severely underinflated tire signals to an inspector that the driver may not be alert enough to catch basic safety issues.
  • Self-assess before you key the ignition. The standard for this citation is whether your alertness is impaired enough to make operation unsafe. If you're fighting illness, running on minimal sleep, or struggling to stay focused, that assessment should happen in the parking lot — not at mile marker 200 when an officer pulls you over.
  • Pay attention to the equipment you're operating. Peterbilt, Kenworth, and Freightliner vehicles collectively account for thousands of citations in our database under this code. That reflects the heavy-haul fleet mix, not a defect in those brands — but it means inspectors who work high-volume truck corridors see these vehicles constantly and know what a fatigued driver looks like behind the wheel of each.
  • Plan rest stops proactively. The monthly trend in our data shows sustained enforcement in the range of 460–603 citations per month through mid-2025 and into early 2026. This is not seasonal enforcement — inspectors are writing this code year-round. Build rest into your schedule before fatigue builds into your driving.
Last updated: 2026-04-20T12:49:16.873Z Based on TruckCodex inspection data See 392.2-SLLEWG2 Q&A → Fleet FAQ →

Top Enforcing States

Where 392.2-SLLEWG2 is most commonly cited (last 180 days)

1. South Carolina
211
OOS 0.0%
2. Florida
197
OOS 0.0%
3. Iowa
125
OOS 0.0%
4. New Jersey
122
OOS 0.0%
5. Arkansas
102
OOS 0.0%
6. Connecticut
99
OOS 0.0%
7. Maryland
94
OOS 0.0%
8. California
91
OOS 9.9%
9. Oklahoma
79
OOS 0.0%
10. Pennsylvania
66
OOS 0.0%
11. Michigan
57
OOS 0.0%
12. Alabama
53
OOS 0.0%
13. Nebraska
48
OOS 0.0%
14. North Carolina
47
OOS 0.0%
15. Ohio
46
OOS 0.0%

Often Cited Together

Other violations commonly found on the same inspection (last 90 days)

Data sources & freshness

TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.

Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.

Refreshed daily.

Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).

Refreshed daily.
EIA

Retail diesel and gasoline price history and state fuel-tax tables.

Refreshed weekly.

Cross-border carrier registry and Canadian recall campaigns where applicable.

Refreshed weekly.

TruckCodex is an independent aggregator; it is not affiliated with FMCSA, NHTSA, EIA, or Transport Canada. Always verify compliance-critical information directly with the originating agency.