FMCSR 392.2-SLLT: Operating While Ill or Fatigued

You were cited for operating a CMV while impaired by fatigue or illness. Learn what this violation means, how it's enforced, and what happens next.

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

Ranks #833 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-SLLT means in plain language

FSMCR 392.2-SLLT addresses a core safety principle: a driver cannot operate a commercial motor vehicle when their ability or alertness is so impaired through fatigue, illness, or any other cause that it makes driving unsafe. This is a judgment call made by roadside inspectors, typically during scale house stops or at the roadside.

The regulation does not require you to be completely unable to drive. Instead, inspectors look for signs that your condition—whether drowsiness, flu symptoms, medication effects, or exhaustion—has degraded your ability to control the vehicle or react to hazards. The threshold is whether it is unsafe for you to begin or continue operating.

This is distinct from Hours of Service violations, which focus on how long you've been on duty. A 392.2-SLLT citation can be issued even if your HOS logbook is compliant, because the violation centers on your observable condition at the time of inspection.

What our enforcement data actually shows

Across our 13 million+ inspection records, 392.2-SLLT has generated 670 all-time citations, with 400 citations in the last 12 months and 68 in the last 90 days. This ranks the code #828 out of 3,036 FMCSR codes by citation volume—a relatively uncommon violation compared to many others.

Critically, no driver cited for 392.2-SLLT in our database has been placed out of service for this violation, resulting in a 0.0% OOS rate. This contrasts sharply with the all-FMCSR average OOS rate of 31.4%. The reason is straightforward: when an inspector determines a driver is too ill or fatigued to operate safely, the enforcement action is typically a citation issued on the spot, allowing the driver to rest and recover before continuing. The violation itself does not trigger a mandatory out-of-service order for the vehicle.

Monthly citation volume over the past year shows seasonal variation, with a peak of 57 citations in July 2025 and a low of 2 citations in April 2026 (a partial month). The pattern suggests that fatigue-related citations may increase during summer months when longer routes and heat stress compound driver fatigue.

Who gets cited most

Our inspection records show Minnesota leads by far, with 53 citations in the last 180 days, followed by Ohio with 18 and Arkansas with 14. All three states issued citations at a 0.0% OOS rate, consistent with the national pattern for this code.

The geographic clustering in the upper Midwest and through the mid-Atlantic and Southeast suggests that certain freight lanes or regional operations may see more of these citations. This could reflect higher traffic volume, more aggressive inspection activity in those regions, or seasonal patterns in routes commonly run through those areas.

How severe is this compared to similar codes

Within the "Operating a CMV while ill or fatigued" category, 392.2-SLLT is one of several related codes. The broad code 392.2 alone accounts for 1,208,164 citations with a 0.8% OOS rate. By contrast, our specific variant 392.2-SLLT sits at 0.0%. Other closely related codes show similar patterns: 392.2-SLL has 84,501 citations with a 0.2% OOS rate, and 392.2-SLLSR has 191,232 citations with a 0.1% OOS rate.

The distinction matters: these variants likely represent different scopes or circumstances (route types, vehicle classes, or specific documented conditions). All of them carry a very low OOS rate, indicating that fatigue and illness citations are enforcement tools that allow drivers to recover rather than to remove them from the road immediately.

How to avoid it

Based on patterns in our inspection database, here are concrete steps to reduce your risk:

  • Manage medical documentation before hitting the road. Our records show that medical certificate violations co-occur with 392.2-SLLT citations in 7 out of 68 recent inspections. Ensure your medical certificate is current and in your possession at every pre-trip. If you take medications that affect alertness, disclose this when renewing your medical certification.

  • Use the seat belt every time. Seat belt violations co-occur with 392.2-SLLT in 5 recent inspections. Fatigue and lax safety habits often travel together. Buckling up is a habit that signals you are focused and alert; skipping it signals complacency to inspectors.

  • Plan rest stops and sleep strategically. Our 12-month data shows 400 citations, with July seeing the highest month (57). If you drive during peak summer or undertake long regional routes, factor in mandatory rest breaks. Do not rely solely on your logbook compliance; be honest with yourself about drowsiness.

  • Keep HOS records accurate and current. Hours of Service co-occurs with 392.2-SLLT in 3 recent inspections. An inspector who sees sloppy or incomplete logbooks may scrutinize your physical condition more closely, even if you claim to be within limits.

  • Be transparent at the scale. If you are running a low-grade fever, on a new medication, or genuinely exhausted, tell the inspector proactively. A brief rest or a decision to park the truck at a safe location is far preferable to a citation and a mark on your safety record.

Vehicle condition also matters: our data shows FREIGHTLINER accounts for 196 citations (the highest among makes cited), suggesting no particular vehicle type is immune. Regardless of your tractor or trailer, your readiness to operate depends on you, not the equipment.

Last updated: 2026-04-20T14:24:41.525Z Based on TruckCodex inspection data See 392.2-SLLT Q&A → Fleet FAQ →

Top Enforcing States

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

1. Minnesota
28
OOS 0.0%
2. Ohio
17
OOS 0.0%
3. Pennsylvania
9
OOS 0.0%
4. Iowa
7
OOS 0.0%
5. Nebraska
7
OOS 0.0%
6. Georgia
5
OOS 0.0%
7. Washington
5
OOS 0.0%
8. Tennessee
4
OOS 0.0%
9. California
3
OOS 0.0%
10. West Virginia
3
OOS 0.0%
11. Maryland
3
OOS 0.0%
12. Alabama
2
OOS 0.0%
13. Arkansas
2
OOS 0.0%
14. Kentucky
2
OOS 0.0%
15. Massachusetts
2
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.