392.2-SLLHFD: Operating While Ill or Fatigued

What happens when you're cited for 392.2-SLLHFD. Our inspection data shows the citation rate, enforcement patterns, and how to prevent this violation.

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

Ranks #1,105 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-SLLHFD means in plain language

FMCSR 392.2-SLLHFD addresses a fundamental safety requirement: you cannot operate a commercial motor vehicle if your ability to drive safely is compromised. This includes fatigue, illness, or any other condition—physical or mental—that impairs your alertness or judgment behind the wheel.

Inspectors look for signs that your condition makes it unsafe to begin or continue operating the vehicle. This is not about minor discomfort or a slight headache. The violation applies when your impairment is serious enough that a reasonable inspector concludes you should not be driving. Fatigue is the most common trigger: falling asleep at the wheel, nodding off, or showing unmistakable signs of exhaustion. Illness can also qualify—if you're visibly unwell, disoriented, or medically unfit to drive.

The regulation empowers inspectors to pull you out of service based on their assessment at the roadside. What matters is whether your condition poses a risk to yourself and other motorists.

What our enforcement data actually shows

Across 13 million inspections, we have recorded 281 all-time citations for 392.2-SLLHFD. In the last 12 months, there were 174 citations; in the last 90 days, 45 citations. This code ranks #1111 of 3,036 FMCSR codes by citation volume—a relatively uncommon citation, but not rare.

A striking pattern emerges in the out-of-service data: of 281 all-time citations, zero resulted in an out-of-service order. That is a 0.0% OOS rate. Compare this to the all-FMCSR average of 31.4%. This tells us that inspectors are citing drivers for fatigue and illness violations without pulling them out of service—likely because drivers acknowledge the condition, comply with the inspector's directive to rest or seek medical attention, or the inspector determines the violation is marginal.

Monthly trends over the past year show variability. Citations peaked in December 2025 (21 citations) and March 2026 (23 citations), suggesting seasonal patterns tied to holiday logistics and winter weather stress. The most recent month on record (April 2026) shows only 1 citation, though the snapshot was taken mid-April.

Who gets cited most

Our inspection records across the last 180 days show the highest citation concentrations in New York (13 citations, 0.0% OOS rate), Pennsylvania (12 citations, 0.0% OOS rate), and California (10 citations, 0.0% OOS rate). Michigan and Kansas are also hotspots with 10 and 9 citations respectively, neither resulting in out-of-service orders. There is no meaningful OOS-rate variation across states—all major citing states maintain a 0.0% OOS rate.

By carrier, our all-time data shows LOPEZ DISTRIBUTORS INC with 3 citations, the highest count in the dataset. WERNER ENTERPRISES INC, UNITED PARCEL SERVICE INC, C R ENGLAND INC, and ROADIES INC each have 2 citations. Most other large carriers have been cited once or not at all, suggesting this violation is distributed across the industry and is not concentrated in any single fleet.

How severe is this compared to similar codes

Within the 392.2 category—all variants of operating while ill or fatigued—the broader parent code 392.2 has accumulated 1,208,164 citations with a 0.8% OOS rate. By comparison, 392.2-SLLHFD's 281 citations and 0.0% OOS rate place it well below the category average for enforcement action.

Peer codes like 392.2-SLLSR (191,232 citations, 0.1% OOS rate) and 392.2-SLLTCD (85,391 citations, 0.0% OOS rate) show similar patterns of low out-of-service rates. The exception is 392.2-SLLEQP, which has a 2.4% OOS rate across 72,352 citations—substantially higher than 392.2-SLLHFD. This suggests that while fatigue and illness violations are common across the 392.2 spectrum, actual out-of-service enforcement is rare and appears to depend on violation subcategory and state enforcement priorities.

How to avoid it

Plan your rest schedule before you depart. The data shows fatigue citations spike in winter and holiday months when drivers are pushing harder to meet deadlines. Build buffer time into your route so you can rest without panic.

Recognize co-occurring violations as warning signs. Our inspection records show that 392.2-SLLHFD often appears alongside inoperable required lamps (393.9A-LHLI, 6 shared inspections in the last 90 days) and false record of duty status (395.8E-HOSPD, 4 shared inspections). If your vehicle has lighting issues and you're running tired, you are doubly at risk. Perform a complete pre-trip inspection, including all lamps, and maintain accurate logbook entries.

Monitor your medical status. Citations for this violation co-occur with medical certificate violations (391.41APC, 4 shared inspections in the last 90 days). Ensure your medical certificate is valid and current. If you are taking medications that cause drowsiness or have a medical condition that impacts alertness, disclose it to your employer and your examiner.

Stay alert to vehicle maintenance. The most-cited vehicle makes in our database are FREIGHTLIN (52 citations), KENWORTH (30 citations), and FRHT (28 citations). Vehicle defects—brake issues, suspension problems, or dashboard lights—can add mental fatigue and distraction. Inspect your rig thoroughly before each shift.

Pull over when you feel unwell or exhausted. If you notice signs of fatigue—difficulty focusing, head nodding, drowsiness—stop immediately at a safe location. Rest, hydrate, or seek medical attention. An inspection citation is far less costly than a crash.

Keep your logbook honest and current. False duty-status records (395.8E-HOSPD) appeared in 4 shared inspections with this violation. If you're too tired to drive, your logbook must reflect accurate hours. Falsifying records while fatigued compounds the violation and signals to inspectors that you are cutting corners on safety.

Last updated: 2026-04-20T14:55:15.263Z Based on TruckCodex inspection data See 392.2-SLLHFD Q&A → Fleet FAQ →

Top Enforcing States

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

1. California
10
OOS 0.0%
2. Michigan
8
OOS 0.0%
3. New York
8
OOS 0.0%
4. Ohio
7
OOS 0.0%
5. Pennsylvania
5
OOS 0.0%
6. Kansas
5
OOS 0.0%
7. Arizona
4
OOS 0.0%
8. Nebraska
4
OOS 0.0%
9. Idaho
3
OOS 0.0%
10. Georgia
3
OOS 0.0%
11. Washington
3
OOS 0.0%
12. Wisconsin
2
OOS 0.0%
13. Colorado
2
OOS 0.0%
14. Massachusetts
2
OOS 0.0%
15. Maryland
1
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).

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.