FMCSR 392.2-SLLEWPB: Cited for Driving While Ill or Fatigued

Got cited for 392.2-SLLEWPB? Learn what it means, your OOS risk, CSA impact, and how enforcement data from 13M+ inspections breaks down.

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

Ranks #497 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.

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-SLLEWPB means in plain language

This citation is issued when a law enforcement officer determines that your physical or mental condition — whether caused by fatigue, illness, or any other factor — has reached a point where it is unsafe for you to keep driving or even start a trip. It is not limited to falling asleep at the wheel; an officer can cite you for appearing drowsy, visibly ill, or otherwise impaired in a way that affects your ability to safely control your commercial motor vehicle.

The key word here is "unsafe." Officers are looking at observable signs: bloodshot eyes, slurred speech, difficulty answering questions, visible distress, or admissions that you haven't slept. You don't have to crash or even drift lanes to earn this citation. A routine Level I or Level II inspection where the officer has reason to believe your condition is degraded can produce a 392.2-SLLEWPB on your inspection report.

For your CSA score, this violation carries a severity weight of 8 — one of the higher weights in the Unsafe Driving BASIC. That means even a single citation moves the needle on your safety measurement and stays on your record for two years in the SMS scoring window.

What our enforcement data actually shows

Across our database of 13 million+ inspections, 392.2-SLLEWPB has generated 2,422 all-time citations. In just the last 12 months alone, our inspection records show 1,839 citations issued under this code, and 219 of those came in the last 90 days — a pace that confirms this is an actively enforced violation, not an obscure edge case.

Here is the number that should give you some relief right now: the all-time out-of-service rate for 392.2-SLLEWPB is effectively 0.0%. Out of 2,422 citations, only 1 driver was placed out of service. The code is listed as OOS-ineligible, and the data backs that up. For context, the all-FMCSR average OOS rate across all violation codes is 31.4%. This code sits at a fraction of that — essentially zero. You will almost certainly be allowed to continue driving after receiving this citation.

That said, do not confuse "you won't be parked" with "this doesn't hurt you." The CSA severity weight of 8 means this citation punches hard in the scoring system regardless of whether you were placed out of service. By citation volume, 392.2-SLLEWPB ranks #496 out of 3,036 FMCSR codes — meaning it is in the top 17% of all codes by how often it is written.

The monthly trend data in our records shows a notable spike: August 2025 produced 416 citations in a single month, followed by 260 in September and 233 in October. That August surge is striking compared to the 42 citations recorded in April 2025. If you were cited in a summer or fall inspection blitz, you were not alone — enforcement activity under this code intensified significantly during that period.

Who gets cited most

Looking at the last 180 days, our data shows South Carolina leading all states with 277 citations at a 0.0% OOS rate. Pennsylvania is second at 96 citations, also at 0.0%. New York ranks third at 53 citations, likewise with no OOS placements. Utah follows with 42 citations and Rhode Island with 27. All of these top states share the same 0.0% OOS rate, meaning the citation pattern is consistent: officers are writing the violation but not parking drivers.

The one exception worth noting: Illinois recorded 14 citations in the same period but with 1 OOS placement, producing a 7.1% OOS rate. That is a material difference from every other top state. If you operate regularly in Illinois, the data suggests officers there are applying a slightly stricter standard when they make this determination.

On the carrier side, our data shows fleets such as SMYRNA READY MIX CONCRETE LLC (USDOT 1738904) with 39 all-time citations and BELL ENERGY SERVICES LLC (USDOT 3114910) with 37 citations appearing at the top of the all-time carrier list. Ready-mix and energy-services operations often involve early start times, split shifts, and physically demanding work environments — all factors that can contribute to the conditions this regulation targets.

How severe is this compared to similar codes

392.2-SLLEWPB sits in a large family of 392.2-variant codes, all grouped under the Operating a CMV While Ill or Fatigued label, but the citation volumes vary dramatically. The parent code, 392.2, has accumulated 1,208,164 all-time citations in our database with a 0.8% OOS rate — that is roughly 499 times more citations than 392.2-SLLEWPB's 2,422. Another close variant, 392.2-SLLSR, has 191,232 citations at a 0.1% OOS rate. A third peer code, 392.2-SLLEQP, shows 72,352 citations but stands out with a 2.4% OOS rate — the highest among the peer group and more than double the 1.0% rate seen under 392.2-SLLEWA1.

What this comparison tells you: 392.2-SLLEWPB is a lower-volume, sub-code variant that officers apply in specific circumstances, while the broader 392.2 family accounts for enormous enforcement activity across the country. The OOS risk on this specific code is genuinely minimal, but the related code 392.2-SLLEQP shows that equipment-linked fatigue violations can and do result in OOS placements at a meaningful rate.

How to avoid it

The co-occurring violation data from the last 90 days points to a clear pattern: this citation rarely shows up alone. Here is what our inspection records show appearing on the same inspection report alongside 392.2-SLLEWPB, and what you can do about each before you roll:

  • Run your logbook or ELD before every dispatch. The most common co-occurring code in our data is 396.17C-PI (No proof of periodic inspection), appearing in 29 shared inspections. An officer writing a fatigue-related violation is also checking your paperwork. Have your periodic inspection documentation on the truck and accessible.
  • Know your cluster of 392.2 sub-codes. Our records show 392.2-SLLSR appearing in 20 shared inspections, 392.2-SLLEWA2 in 16, and 392.2-SLLEWA1 in 15. Officers who cite one 392.2 variant frequently cite others in the same stop. Understanding which specific behaviors triggered each sub-code can help you address all of them before a re-inspection.
  • Check every lamp during pre-trip. Code 393.9A-LIL (Inoperable required lamps) appeared in 10 shared inspections. A burned-out lamp is what often prompts an officer to pull you over in the first place. Freightliner and Kenworth trucks lead all vehicle makes in our data with 351 and 326 citations respectively — both platforms have known issues with marker and clearance lamps that are easy to overlook on a quick walk-around.
  • Inspect tires before every trip. Code 393.75A3-TAOL (tires with inflation below 50% of max pressure) appeared in 10 shared inspections. A low tire is both a pull-over trigger and a sign that pre-trip inspection discipline has broken down.
  • Be honest with your dispatcher and yourself. If you slept fewer than 6 hours, are fighting an illness, or feel impaired, that is the moment to call in — not after the officer has already noted your condition on the inspection report. The citation that follows a reported rest issue inside a carrier's system is far less damaging than a 392.2-SLLEWPB with a severity weight of 8 landing on your PSP record.
Last updated: 2026-04-20T13:48:34.988Z Based on TruckCodex inspection data See 392.2-SLLEWPB Q&A → Fleet FAQ →

Top Enforcing States

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

1. Pennsylvania
100
OOS 0.0%
2. South Carolina
68
OOS 0.0%
3. New York
34
OOS 0.0%
4. Florida
27
OOS 0.0%
5. Utah
24
OOS 0.0%
6. Kansas
16
OOS 0.0%
7. North Dakota
15
OOS 0.0%
8. Massachusetts
12
OOS 0.0%
9. Rhode Island
11
OOS 0.0%
10. Tennessee
9
OOS 0.0%
11. Illinois
9
OOS 0.0%
12. Kentucky
8
OOS 0.0%
13. South Dakota
8
OOS 0.0%
14. Louisiana
7
OOS 0.0%
15. Iowa
7
OOS 0.0%

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).

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EIA

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

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

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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.