What 392.2DL means in plain language
FMCSR 392.2DL prohibits you from operating a commercial motor vehicle when your physical or mental condition—whether from fatigue, illness, medication side effects, or any other cause—impairs your ability to drive safely. The regulation doesn't require you to be severely incapacitated; the bar is whether your condition makes it unsafe for you to begin or continue operating.
Inspectors apply this code when they observe signs that suggest you're not fit to drive: heavy-lidded eyes, slurred speech, confusion about basic vehicle or route information, nodding off, or admission during questioning that you're sick, medicated, or haven't slept adequately. You don't have to be unconscious or visibly ill for the citation to stick—the inspector's documented observation that your alertness or ability was compromised is sufficient.
This citation reflects the agency's focus on preventing fatigue-related and illness-related crashes, which remain leading causes of commercial vehicle incidents.
What our enforcement data actually shows
Across our 13 million+ roadside inspection records, we've documented 1,100 all-time citations for 392.2DL, making it ranked 23rd out of 236 FMCSR codes. In the last 12 months, inspectors issued 517 citations; in the last 90 days, 90 citations were recorded.
Of those 1,100 all-time citations, 282 resulted in an out-of-service order, yielding a 25.6% OOS rate. This is notably lower than the all-FMCSR average OOS rate of 31.4%, suggesting that while this violation is taken seriously, inspectors stop short of immediate removal in roughly three-quarters of cases—often because the driver demonstrates they've rested or the symptoms have resolved.
The trend over the last 12 months shows seasonal variation: citations peaked in May 2025 with 78 citations (22 OOS), remained elevated through summer, and settled into a lower band of 22–40 citations per month through early 2026.
Who gets cited most
Our inspection records show enforcement is heavily concentrated in three states. Illinois leads with 129 citations over the last 180 days, followed by Iowa with 30, and North Carolina with 14.
What's noteworthy is the variation in OOS rates across these states. Illinois placed 66 of those 129 drivers out of service (51.2% rate)—well above the national average. Iowa's OOS rate was 26.7%, close to the code's national average. North Carolina had a much lower rate at 7.1%, suggesting a different enforcement posture or inspection context. Kentucky, though with only 6 citations, had an exceptionally high 83.3% OOS rate, indicating severity when the citation is issued there.
Among carriers, our data shows fleets such as Federal Express Corporation with 10 all-time citations, followed by Auto Haul Express LLC, United Parcel Service Inc, and Schneider National Carriers Inc, each with 4 citations. This distribution reflects the volume of commercial operations rather than any specific pattern of non-compliance.
How severe is this compared to similar codes
392.2DL sits within the broader "Operating a CMV while ill or fatigued" family. The parent code 392.2 has accumulated 1,208,164 citations with a 0.8% OOS rate, indicating it's enforced far more frequently but with dramatically lower removal rates—likely because many 392.2 citations capture marginal or borderline cases.
Peer codes show a wide range. 392.2RG, another fatigue-related variant, has 96,652 citations with a 0.1% OOS rate. 392.2-SLLEQP, by contrast, shows 72,352 citations with a 2.4% OOS rate. The 25.6% OOS rate for 392.2DL indicates that when this specific code is used, inspectors are documenting conditions serious enough to warrant removal in one of every four cases—a meaningful escalation compared to its sister codes.
How to avoid it
Before you start your shift:
- Assess your own alertness honestly. If you've had fewer than 6–7 hours of sleep, or you're taking medication with drowsiness warnings, delay your trip or find a co-driver. This is not weakness—it's the core principle behind the regulation.
- If you're sick (fever, severe congestion, active cough), stay home or at a rest area until you're functional. Inspectors are trained to spot respiratory symptoms and confusion associated with illness.
- Review your medical certifications and any condition listed on your medical certificate that might flare up (sleep apnea, diabetes, heart conditions). If you're at risk during certain times of day or under certain conditions, plan your route and rest breaks accordingly.
During your trip:
- Stop and rest every 2–3 hours, even if you're not yet at your HOS limit. Our data shows that codes co-occurring most with 392.2DL include 392.2RG and 392.2LC (both fatigue-related variants), as well as 395.8A-ELD (failing to keep records of duty status). This pattern suggests that drivers cited for fatigue often also show signs of poor HOS management or insufficient rest planning.
- Pay attention to vehicle maintenance. Thirteen co-occurring violations included 393.9 (inoperable required lamp) and 393.95A (emergency equipment defects). A well-maintained rig is easier to operate safely when you are fatigued; a poorly maintained one demands extra alertness you may not have.
- Do not rely on stimulants (caffeine, energy drinks, over-the-counter stimulants) as a substitute for sleep. Inspectors know the signs, and these are not a legal defense against impairment.
Red flags inspectors watch for:
Our enforcement data shows that 392.2DL is commonly cited alongside 391.41A (physical qualification issues) and 392.16 (seat belt violations). This cluster suggests that inspectors are often stopping drivers who show multiple signs of carelessness or impairment. A single violation may cascade into a full-blown inspection. Keep your seat belt fastened, maintain your medical certification current, and present yourself as alert and organized during any interaction with law enforcement.