392.2-SLLSRGC: Operating While Ill or Fatigued

You were cited for operating a CMV while impaired by fatigue or illness. Across 13 million inspections, we show what this citation means and how to avoid it.

Severity Weight
5
OOS Eligible
No
BASIC Category
Unsafe Driving
Code System
FMCSR
Code:
392.2-SLLSRGC
Code System:
FMCSR
BASIC Category:
Unsafe Driving
OOS Eligible:
No
Severity Weight:
5
Violation Group:
Dangerous Driving

Ranks #2,062 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 - State railroad grade crossing violation.

In-Depth Explainer

Grounded in TruckCodex roadside-inspection data

What 392.2-SLLSRGC means in plain language

FMCSR 392.2-SLLSRGC prohibits you from driving a commercial motor vehicle when your ability to operate it safely is compromised. That compromise can come from fatigue, illness, or any other condition that impairs your alertness or judgment. The regulation doesn't require you to be perfectly healthy—it requires that you not drive when your condition creates an unreasonable safety risk.

This is distinct from hours-of-service violations. The federal government recognizes that a driver can be awake, legal on HOS, and still unsafe because of illness, medication side effects, lack of sleep quality, or a medical event. The inspector who cited you made a judgment call: they observed something—erratic lane control, slow reaction time, confusion at the scale, or a statement you made—that suggested your condition made continued operation unsafe.

Once cited, you need to understand the severity, the odds of out-of-service placement, and what this means for your record and your carrier's safety profile.

What our enforcement data actually shows

Across our 13 million+ inspection records, 392.2-SLLSRGC is a rarely enforced violation. All-time, we have recorded only 12 citations under this specific code variant. In the last 12 months, 7 citations were issued; in the last 90 days, just 1. This code ranks #2132 out of 3,036 FMCSR codes by citation volume—making it one of the least-cited safety violations on the books.

Out-of-service placement is not a typical outcome. Our data shows 0% of all 12 citations in our database resulted in immediate out-of-service removal. By comparison, the all-FMCSR average OOS rate is 31.4%, meaning this violation is almost never escalated to a roadside removal order.

Despite the low citation count, the CSA severity weight for this code is 8, indicating that when it is cited, the FMCSA considers it a serious safety violation. However, the lack of OOS placement suggests that inspectors are using this code cautiously, typically in cases where a driver can be brought into compliance (by resting, seeking medical attention, or stopping operation voluntarily) without legal authority to impound.

Who gets cited most

Our inspection records from the last 180 days show three states accounting for all 392.2-SLLSRGC citations: California with 2 citations (0.0% OOS rate), Pennsylvania with 1 citation (0.0% OOS rate), and Tennessee with 1 citation (0.0% OOS rate). No material variation in OOS rate across these states—all remain at 0%.

Carrier-level data shows this violation is scattered across independent operations and smaller fleets. No single carrier has accumulated more than 1 citation in our records, including carriers such as J B HUNT TRANSPORT INC and USA SERVICES OF FLORIDA LLC. This distribution suggests the violation is not a systemic issue at any particular fleet, but rather an isolated enforcement event tied to individual driver condition on a specific date.

How severe is this compared to similar codes

392.2-SLLSRGC belongs to the broader FMCSR 392.2 unsafe driving category, which encompasses multiple code variants. Our data shows dramatic differences in enforcement volume and outcome across these related codes:

  • 392.2 (general unsafe driving) has 1,208,164 citations all-time with a 0.8% OOS rate—the baseline.
  • 392.2-SLLSR (operating while ill or fatigued, broader variant) shows 191,232 citations with a 0.1% OOS rate.
  • 392.2-SLLEQP (operating while ill or fatigued, equipment-related) shows 72,352 citations with a 2.4% OOS rate—the highest OOS rate in this peer group.

Your specific code (392.2-SLLSRGC) sits at the extreme low-enforcement end. This can mean either that the specific sub-code is narrowly applied or that the behavior it targets is genuinely rare. Either way, your citation is not routine, and the lack of out-of-service placement reflects enforcement practice at the time you were cited.

How to avoid it

The safest approach is to never operate when you are not fit. Operationalize that principle:

  • Before every trip: Assess your physical state honestly. If you are running a fever, taking new medication, recovering from illness, or have slept poorly, inform your dispatcher and do not depart. A delay costs less than a citation or an accident.

  • During your shift: Know the early signs of fatigue—eye heaviness, yawning, lane drift, difficulty concentrating. Pull over, rest, or call for a driver swap. The CSA severity weight of 8 reflects real risk; the inspector cited you because they believed you were unsafe.

  • Pre-trip inspection: While vehicle condition is not directly the violation, our citation data shows diverse vehicle makes (INTL, Kenworth, Freightliner, Ford, Chevrolet and others), meaning no vehicle type is exempt. Make sure climate control, seat comfort, and mirrors are optimized so your environment does not mask fatigue.

  • Medication awareness: If you are on prescription or over-the-counter medications, check side effects. Many cold and allergy medications cause drowsiness. If you must take them, do not operate—the citation will be on your record, and your CSA score will rise.

  • Medical clearance: If you have a chronic condition (sleep apnea, diabetes, seizure disorder), ensure you have current medical certification and follow treatment. Many drivers operate safely with chronic conditions when properly managed; operating without treatment or certification is what triggers enforcement.

Lastly, if you are ever cited again, request a copy of the inspector's narrative. It will detail what was observed (lane control, response time, speech, medical history disclosure) and will help you and your carrier identify whether the citation was justified or if a formal appeal is warranted. Our data shows this citation is rare; understanding why it happened to you is the first step to preventing recurrence.

Last updated: 2026-04-20T16:45:15.574Z Based on TruckCodex inspection data See 392.2-SLLSRGC Q&A → Fleet FAQ →

Top Enforcing States

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

1. California
1
OOS 0.0%
2. Florida
1
OOS 0.0%
3. Idaho
1
OOS 0.0%
4. Michigan
1
OOS 0.0%
5. Ohio
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.