What 392.2C means in plain language
FMCSR 392.2C targets a specific, serious situation: a driver whose ability to safely operate a commercial motor vehicle has been compromised — whether by fatigue, illness, or any other condition that diminishes alertness or physical capability. The regulation doesn't require you to have caused an accident or even a near-miss. If an inspector determines your condition makes it unsafe to be behind the wheel, the citation can be issued on the spot.
The key phrase here is "ability or alertness." An officer isn't just looking for someone asleep at the wheel — slowed reactions, visible exhaustion, reported illness, or behavioral cues during the inspection stop can all factor into this determination. It's a judgment call with real consequences on your CSA record.
This is not a paper violation. It's a direct assessment of your physical fitness to drive at the moment of the inspection. That's what makes it different from most equipment or documentation violations, and it's why understanding the enforcement pattern behind it matters.
What our enforcement data actually shows
Across our 13 million+ inspection records, 392.2C has accumulated 16,197 all-time citations, placing it at #159 out of 3,036 FMCSR codes by citation volume — that's a highly active code. Enforcement is clearly accelerating: 8,908 citations were issued in the last 12 months alone, and 1,822 of those came in just the last 90 days.
Despite the volume, the out-of-service rate is essentially zero. Of the 16,197 all-time citations in our database, only 2 resulted in an out-of-service order — a rate of 0.0%. Compare that to the all-FMCSR average OOS rate of 31.4%, and 392.2C stands out dramatically. Being cited does not mean you'll be parked. In practice, inspectors are writing the violation and letting drivers continue in the vast majority of cases.
However, "no OOS" does not mean "no consequences." With a CSA severity weight of 8, this citation hits your safety score hard. Each citation sits on your record for two years and is weighted heavily in the Unsafe Driving BASIC, which carriers and shippers actively monitor. The monthly trend reinforces that this is not a rarely-used code — our data shows 1,121 citations in July 2025, 930 in June 2025, and sustained volume throughout the year.
Who gets cited most
Looking at the last 180 days in our database, three states dominate 392.2C enforcement by a wide margin. New Mexico leads all states with 1,562 citations — more than double the second-ranked state. Iowa follows with 845 citations, and Texas comes in third at 744 citations. All three states show a 0.0% OOS rate, consistent with the national pattern.
The concentration in New Mexico is striking and likely reflects targeted enforcement initiatives or inspection station activity along major freight corridors in that state. If you're running routes through the Southwest or Midwest, the data in our database suggests you face meaningfully higher exposure to this citation.
On the carrier side, our data shows fleets such as Federal Express Corporation (USDOT 86876) with 70 all-time citations and J B Hunt Transport Inc (USDOT 80806) with 58 citations appearing at the top of the list. These are high-volume carriers with large driver populations, and their presence here reflects scale as much as anything else.
How severe is this compared to similar codes
FMCSR 392.2C sits within a family of related unsafe driving codes, and the volume comparison is instructive. The base code 392.2 (Operating a CMV while ill or fatigued) has accumulated 1,208,164 all-time citations in our database — roughly 75 times the volume of 392.2C — with a 0.8% OOS rate. The 392.2C sub-code is clearly a more specific, less frequently applied charge.
392.2RG, which also carries an "operating while ill or fatigued" label, shows 96,652 citations and a 0.1% OOS rate in our records. 392.2-SLLEQP is the outlier in this category — it carries a 2.4% OOS rate across 72,352 citations, making it the most likely peer code to result in an out-of-service order.
For 392.2C specifically, that 0.0% OOS rate means your immediate operational impact is usually minimal — but the CSA severity weight of 8 puts it on par with some of the most consequential violations in the Unsafe Driving BASIC.
How to avoid it
The co-occurring violations in our 90-day data tell a clear story: 392.2C rarely shows up alone. It clusters with equipment violations, hours-of-service issues, and documentation problems — which means inspectors who find one problem often look for others. Here's what you can do before and during every stop:
- Complete a genuine pre-trip, not a paper exercise. Our data shows 118 inspections where 392.2C appeared alongside 393.9 (Inoperable Required Lamp) and 64 where it co-occurred with 393.9TS (Inoperative turn signal). A thorough walkaround catches these issues before an inspector does — and a clean truck signals a prepared driver.
- Check your fire extinguisher on every pre-trip. With 393.95A (Emergency equipment - fire extinguisher missing/defective) appearing in 85 shared inspections, this is a quick, two-second check that removes a co-occurring risk entirely.
- Keep your ELD and paper logs clean. Our records show 395.8E (False record of duty status) appearing in 82 shared inspections with 392.2C, and 395.8A-ELD (Failing to keep RODS) in 69. If an inspector believes you're fatigued, your logs are the next thing they examine. Discrepancies there compound a bad stop into a very bad one.
- Have your periodic inspection documentation accessible. With 396.17C (No proof of periodic inspection) co-occurring in 121 shared inspections, this is one of the most common documents an inspector will request when writing a 392.2C citation.
- Know your own limits before you pull out. The FRHT platform accounts for 5,514 all-time citations under this code — the most of any vehicle make in our database. Regardless of what you're driving, if you're genuinely ill or running on no sleep, the citation risk is real and the CSA damage lasts two years. Calling dispatch and delaying a departure is cheaper than an 8-weight violation on your record.