What 392.2AU means in plain language
You received a 392.2AU citation because an inspector determined your ability to operate safely was compromised by fatigue, illness, or another condition that impaired your alertness or judgment. The regulation doesn't require you to be completely incapacitated—it focuses on whether your condition made it unsafe to begin or continue driving your CMV.
This is distinct from a specific medical disqualification. An inspector can cite you under 392.2AU if they observe signs of fatigue (heavy eyelids, swerving, slow reaction), illness (visible symptoms, slurred speech, confusion), or any other observable impairment during a roadside inspection or after an accident. The burden is on the inspector's assessment in that moment, not on a formal medical diagnosis.
Your citation itself does not automatically place you out of service, but it creates a documented record that counts against your CSA safety rating and your carrier's profile.
What our enforcement data actually shows
Across 13 million inspections in our database, we recorded 1,557 all-time citations for 392.2AU. In the last 12 months, that number was 638 citations. Over the last 90 days, we logged 102 citations, showing a downward trend as we move into 2026.
Of the 1,557 all-time citations, only 23 drivers were placed out of service—a 1.5% OOS rate. For context, the all-FMCSR average OOS rate is 31.4%, meaning 392.2AU citations are much less likely to result in immediate removal from service than the typical violation. This code ranks #591 of 3,036 FMCSR codes by citation volume, placing it in the middle range of enforcement frequency.
The monthly trend over the past 12 months shows the highest concentration in June 2025 (117 citations), with a sharp decline through the fall and winter months. April 2026 shows only 1 citation, but that month's data is incomplete.
Who gets cited most
Our data shows enforcement is heavily concentrated in three states. Illinois leads with 109 citations in the last 180 days, followed by Iowa with 66 citations, and North Carolina with 8 citations. The OOS rate varies considerably: Illinois cited drivers without out-of-service placement in 0.9% of cases, Iowa had a 0.0% OOS rate, while North Carolina's 25.0% rate reflects a small sample size (2 OOS incidents out of 8 total citations).
When we look at carriers, our data shows fleets such as Jade Enterprises Inc with 8 all-time citations and KB Hauling & Logistics LLC with 5 citations. Federal Express Corporation, J B Hunt Transport Inc, and several smaller carriers also appear on the enforcement list. These numbers reflect the carriers' scale and dispatch frequency, not necessarily a safety culture problem.
How severe is this compared to similar codes
The broader 392.2 code—operating a CMV while ill or fatigued without the AU subcategory—has generated 1,208,164 citations all-time with a 0.8% OOS rate. Other fatigue-related subcodes show similar or lower enforcement severity: 392.2RG has 96,652 citations with a 0.1% OOS rate, and 392.2-SLLSR has 191,232 citations with a 0.1% OOS rate.
The 392.2AU severity weight is 8 on the CSA scale. While this citation is less likely to result in immediate out-of-service removal than many other violations, it contributes meaningfully to your carrier's safety profile and your personal record.
How to avoid it
Before your shift:
- Get adequate sleep. Fatigue is measurable and observable; inspectors look for slow reaction time and swerving. If you are drowsy, you are citing-eligible.
- Address illness before you operate. If you have a fever, active flu symptoms, heavy medication use, or pain that affects concentration, notify your dispatcher and sit out.
- Check your medical qualifications. Our co-occurring citation data shows 391.41A (physical qualification) appearing with 392.2AU in the same inspection; keep your medical certificate current and disclose any condition that affects your alertness.
During your shift:
- Take required rest breaks every 2 hours of driving. Fatigue builds gradually; stopping early is cheaper than a citation.
- Avoid medication or substances that cause drowsiness. Check drug labels and mention side effects to your driver manager.
- If you feel a fatigue wave, pull over safely and take a 15-minute nap or rest. An off-duty stop is not a violation; continued driving while fatigued is.
Vehicle and inspection readiness:
- Our data shows 392.2AU frequently co-occurs with 396.17C (no proof of periodic inspection) and other mechanical violations. A well-maintained vehicle means fewer roadside stops and less inspector interaction overall. Pre-trip inspections on vehicles like Freightliners, Kenworths, and Peterbilts (the top makes in our dataset) should include lights and brakes, as 393.9 and 393.95A also appear in the co-occurring list.
- If an inspector suspects fatigue, compliance with other vehicle codes will not clear the citation, but a clean truck reduces the total citation count in one stop.
After citation:
- The citation will appear on your Motor Carrier Safety (MCS) record and affect your carrier's CSA Unsafe Driving metric. Work with your safety manager to document your response.
- You have the right to contest the citation through the FMCSR appeals process. If you believe the inspection was in error, file within the required timeframe.
- Use this as a trigger to review your rest schedule and health with your carrier's safety team.