392.2-SLLRD: Operating While Ill or Fatigued

You were cited for operating a CMV while impaired by fatigue or illness. Our 13M+ inspection records show this rarely results in out-of-service. Here's what you need to know.

Severity Weight
10
OOS Eligible
No
BASIC Category
Unsafe Driving
Code System
FMCSR
Code:
392.2-SLLRD
Code System:
FMCSR
BASIC Category:
Unsafe Driving
OOS Eligible:
No
Severity Weight:
10
Violation Group:
Reckless Driving

Ranks #873 of 3,146 FMCSR codes by citation frequency • OOS rate of 0.0% is below the FMCSR-wide average of 33.3%.

Violation Description

State/Local Laws - Reckless driving.

In-Depth Explainer

Grounded in TruckCodex roadside-inspection data

What 392.2-SLLRD means in plain language

FMCSR 392.2-SLLRD addresses one of the most serious safety concerns on American roads: a driver operating a commercial motor vehicle while their ability to drive safely is compromised. This could mean fatigue, illness, medication side effects, or any other condition that impairs alertness or judgment.

The regulation doesn't require you to have a specific diagnosis or to show measurable impairment on a test. It's about whether an officer observing you at roadside reasonably believes your condition—whether you're nodding off, slurring speech, moving uncoordinatedly, or reporting flu symptoms—makes it unsafe for you to be behind the wheel. The bar is straightforward: if your fatigue or illness makes it unsafe for you to begin or continue operating, you can be cited.

This is different from being pulled over for a specific unsafe action (like swerving). This citation says the condition itself is the problem. That's why it's a serious safety code, even though the enforcement consequences at roadside are typically lighter than you might expect.

What our enforcement data actually shows

Across our 13 million+ inspection records, FMCSR 392.2-SLLRD has been cited 548 times all-time, with 328 citations in the last 12 months and 86 in the last 90 days. That places this code at #884 out of 3,036 FMCSR codes by citation volume—making it relatively uncommon compared to the most frequently cited violations.

What's most important: our inspection records show a 0.0% out-of-service rate for this code. Every single driver cited for 392.2-SLLRD in our database was allowed to continue operating after the citation was issued. This is dramatically lower than the all-FMCSR average OOS rate of 31.4%, indicating that officers use this citation primarily as a warning rather than as grounds for immediate vehicle removal.

However, the trend matters. Over the last 12 months, citations have been climbing. January 2026 saw 42 citations, February 33, and March 34—suggesting increased enforcement attention. This could reflect growing officer training on fatigue recognition or heightened scrutiny during winter months when driver fatigue is more common.

Who gets cited most

Our inspection records show Pennsylvania leads with 29 citations in the last 180 days, followed by Virginia with 23 and Washington with 20. All three states maintain a 0.0% out-of-service rate, consistent with the national pattern.

When we look at carriers in our all-time data, several large fleets appear with small numbers of citations. C R ENGLAND INC (USDOT 28406), UNITED TRANSKING INC (USDOT 4370453), and FEDERAL EXPRESS CORPORATION (USDOT 86876) each have 3 citations. J B HUNT TRANSPORT INC (USDOT 80806), COVENANT TRANSPORT LLC (USDOT 273818), SWIFT TRANSPORTATION CO OF ARIZONA LLC (USDOT 54283), and CRETE CARRIER CORPORATION (USDOT 73705) each have 2. These numbers are too small to draw conclusions about fleet safety culture—this citation is simply uncommon across the board.

Vehicle makes in our database show Freightliner trucks were cited 138 times, Volvo 51 times, and Great Dane trailers 43 times. This pattern reflects the market share of these vehicles rather than any particular mechanical or design issue.

How severe is this compared to similar codes

FMCSR 392.2, the broader parent code for operating while ill or fatigued, has generated 1,208,164 citations across our database with a 0.8% OOS rate. That's 2,200+ times more citations than 392.2-SLLRD, but a slightly higher OOS rate.

Two closely related peer codes show similar patterns. FMCSR 392.2-SLLSR has 191,232 citations and a 0.1% OOS rate, while 392.2-SLLTCD has 85,391 citations and a 0.0% OOS rate. All variants of this regulation sit at the very low end of the OOS spectrum, confirming that enforcement typically takes the form of a warning citation rather than vehicle removal.

The CSA severity weight of 8 places this in the middle of the severity range, meaning it will count against your safety record and your carrier's Unsafe Driving CSA score, but it won't trigger the most severe consequences at roadside.

How to avoid it

The concrete way to avoid 392.2-SLLRD is to never start a shift if you're impaired by fatigue or illness. Here are the actions that matter:

  • Know your sleep debt before you leave the yard. Officers cite this code during the day when you're obviously tired—droopy eyes, slow responses, or erratic steering. If you slept fewer than 5 hours, don't roll. No load is worth the citation or the risk.

  • If you're taking medication, understand the side effects before driving. Cough syrup, antihistamines, and antibiotics can impair alertness. If you're starting a new medication, take a local route or delay your trip. This applies even if the illness itself is mild.

  • Use the hours-of-service breaks you're entitled to. Our data shows 7 inspections in the last 90 days where 395.8A1-HOSP (failure to have a proper record of duty status) co-occurred with 392.2-SLLRD. Drivers who are falsifying or neglecting their logbooks are more likely to be running fatigued. Keep honest logs and take your breaks.

  • Pre-trip around the vehicle, but also around yourself. We see 8 shared inspections where low tire pressure (393.75A3-TAOL) occurred with this citation. A sloppy pre-trip often correlates with a fatigued or unwell driver. If you can't focus on the vehicle checklist, you're too impaired to drive.

  • If you feel illness or fatigue creeping in during a shift, stop and report it. We see 5 inspections where 392.14-D (driving in hazardous conditions) co-occurred with fatigue citations. Drivers who push through deteriorating conditions get caught. Pull into a rest area, call your dispatcher, and take a nap.

  • Understand that fleet perception matters. Our inspection data tracks patterns, and while we see only 2–3 citations per major carrier, repeated citations for the same driver or location do flag you in your company's safety review. One citation is a warning; a second suggests a pattern.

Last updated: 2026-04-20T14:30:41.807Z Based on TruckCodex inspection data See 392.2-SLLRD Q&A → Fleet FAQ →

Top Enforcing States

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

1. Virginia
29
OOS 0.0%
2. Pennsylvania
25
OOS 0.0%
3. Kentucky
12
OOS 0.0%
4. Washington
7
OOS 0.0%
5. Maryland
7
OOS 0.0%
6. Indiana
6
OOS 0.0%
7. Missouri
6
OOS 0.0%
8. Michigan
6
OOS 0.0%
9. Nevada
5
OOS 0.0%
10. California
4
OOS 0.0%
11. Wyoming
4
OOS 0.0%
12. Tennessee
3
OOS 0.0%
13. Mississippi
3
OOS 0.0%
14. Utah
3
OOS 0.0%
15. Nebraska
3
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.