392.2-SLLFY: Operating CMV While Ill or Fatigued

Got cited for 392.2-SLLFY? Here's what the violation means, why it matters, and how enforcement data shows it's handled.

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

Ranks #605 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% 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-SLLFY means in plain language

392.2-SLLFY is a citation for operating a commercial motor vehicle when your physical or mental condition—whether from illness, fatigue, or any other cause—has impaired your ability or alertness to the point where it's unsafe to drive. This isn't about minor tiredness or a bad day. It's about a state where an inspector observes or has reasonable grounds to believe you cannot safely operate the vehicle.

The regulation focuses on your fitness to drive at that specific moment. An inspector citing you for this violation has determined that continuing to operate—or even starting to operate—your CMV posed a safety risk. This could stem from visible signs of fatigue, observable symptoms of illness, or admissions you make during the roadside inspection.

Unlike some violations, this one hinges on the inspector's judgment about your condition, not a mechanical failure or a clerical error. That's why understanding what triggers these citations matters for your record and your safety.

What our enforcement data actually shows

Across our 13 million+ inspection records, 392.2-SLLFY has been cited 1,450 times all-time, with 868 citations in the last 12 months and 169 in the last 90 days. This code ranks #621 out of 3,036 FMCSR codes by citation volume—not the most common violation, but far from rare.

The most striking finding: our data shows zero out-of-service placements for this violation across all 1,450 citations, yielding a 0.0% OOS rate. This stands in stark contrast to the all-FMCSR average OOS rate of 31.4%. In other words, while inspectors are citing drivers for this violation, they are not pulling vehicles off the road for it. The citation is the enforcement tool, not an immediate removal from service.

Enforcement volume has fluctuated over the past year. The highest month was July 2025 with 111 citations, while the most recent month (April 2026) shows only 5 citations—likely a partial-month snapshot. Over the trailing 12 months, citation counts have generally ranged between 60 and 90 per month, suggesting consistent but moderate enforcement activity.

Who gets cited most

Our inspection data shows 392.2-SLLFY citations concentrate in specific states. Georgia leads with 58 citations in the last 180 days, followed by Nebraska with 30 and Indiana with 27. Minnesota and Washington tied at 27 and 21 respectively. Notably, all top states show a 0.0% OOS rate—meaning cited drivers were not removed from service in any of these jurisdictions.

Among carriers, our data shows Federal Express Corporation received 15 citations all-time and New Prime Inc with 10 citations. These are among the largest carriers in the industry, and the citation counts reflect their operational scale rather than any specific safety pattern.

Despite the citation activity across these states and fleets, the zero OOS rate remains consistent. Inspectors are documenting the violation but allowing drivers to continue after remediation (such as rest or seeking medical evaluation).

How severe is this compared to similar codes

392.2-SLLFY sits within a broader family of fatigue and illness citations under FMCSR 392.2. Our records show the parent code 392.2 has accumulated 1,208,164 citations with a 0.8% OOS rate. Several variant codes show similar patterns: 392.2-SLLSR has 191,232 citations with a 0.1% OOS rate, and 392.2-SLLTCD shows 85,391 citations with a 0.0% OOS rate—identical to 392.2-SLLFY.

One peer code stands out: 392.2-SLLEQP has 72,352 citations but a 2.4% OOS rate, higher than the typical fatigue variant. This suggests that certain sub-codes within 392.2 trigger out-of-service action more frequently, though 392.2-SLLFY itself does not.

In volume terms, 392.2-SLLFY is in the lower-middle range among 392.2 variants. The parent code dwarfs it by over 800x, but variants like 392.2-SLLSR are significantly higher. The key takeaway: fatigue and illness violations are common across the industry, but 392.2-SLLFY specifically is enforced in a way that does not result in roadside removal.

How to avoid it

The data points to practical prevention strategies:

  • Pre-trip rest assessment: Before you begin driving, honestly evaluate your physical state. If you're running a fever, experiencing severe pain, or feel unable to focus, do not start. Our data shows zero OOS placements, meaning inspectors expect you to self-assess and defer driving rather than force the issue at roadside.

  • Manage hours and fatigue actively: The co-occurring violation 395.24 (Hours of Service and ELD Form and Manner) appears in 7 shared inspections with 392.2-SLLFY. This suggests fatigue citations often cluster with HOS documentation issues. Use your logbook and ELD data to track rest periods; don't skimp on sleep to make a delivery window.

  • Inspect your vehicle thoroughly: Nine shared inspections included tire violations (393.75A3-TAOL) alongside fatigue citations. A vehicle with maintenance issues can amplify fatigue—steering a truck with poor brakes or worn tires requires more attention and wears you out faster. Conduct a diligent pre-trip inspection, especially tire pressure and brake condition.

  • Report maintenance problems promptly: The co-occurrence of cab and body part violations (393.203C-CBP, 7 shared inspections) suggests vehicles in marginal condition may correlate with fatigue findings. If your truck has a known issue, getting it fixed reduces the cognitive load of driving and lowers your risk.

  • Know your vehicle's demands: The most-cited vehicles for this code include Freightliners (356 citations), Peterbilts (141), and Kenworths (116). Older or less-refined trucks require more physical input and mental engagement. If you're driving a heavier or less comfortable unit, budget extra rest time.

  • Communicate with dispatch: If you're approaching the limits of your alertness, contact your fleet before an inspector does. A voluntary stop for rest is always preferable to a citation and a mark on your CSA record.

Last updated: 2026-04-20T14:02:14.755Z Based on TruckCodex inspection data See 392.2-SLLFY Q&A → Fleet FAQ →

Top Enforcing States

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

1. Georgia
42
OOS 0.0%
2. Nebraska
27
OOS 0.0%
3. Tennessee
26
OOS 0.0%
4. Indiana
24
OOS 0.0%
5. Pennsylvania
18
OOS 0.0%
6. Colorado
18
OOS 0.0%
7. California
13
OOS 0.0%
8. Kansas
11
OOS 0.0%
9. Idaho
11
OOS 0.0%
10. Oklahoma
10
OOS 0.0%
11. Florida
10
OOS 0.0%
12. Arizona
10
OOS 0.0%
13. Iowa
10
OOS 0.0%
14. Minnesota
10
OOS 0.0%
15. Ohio
9
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.