What 392.2FC means in plain language
FMCSR 392.2FC prohibits operating a commercial motor vehicle when your physical or mental condition—whether from fatigue, illness, medication effects, or any other cause—is so impaired that it's unsafe to drive. This isn't about a minor headache or light drowsiness. An officer citing you under this code is asserting that your ability or alertness was compromised enough to pose a safety risk.
The regulation doesn't require you to admit fault or medical diagnosis. What matters is the officer's documented observation: swerving, failure to maintain lane position, delayed reactions, slurred speech, nodding off, or similar behavior that suggests impairment. If you were cited at roadside, the inspector documented specific observations that led them to conclude your condition made driving unsafe.
What our enforcement data actually shows
Across our 13 million+ inspection records, 392.2FC is a relatively uncommon citation. We have logged 1,039 citations all-time for this code, ranking it #706 of 3,036 FMCSR codes by citation volume. In the last 12 months, enforcement officers issued 476 citations nationwide; in the last 90 days, 77.
The out-of-service rate for 392.2FC is strikingly low: only 0.1% of drivers cited for this code were placed out of service (1 driver out of 1,038 total citations). For context, the all-FMCSR average OOS rate is 31.4%—meaning 392.2FC rarely triggers immediate vehicle removal. This suggests that most officers documenting fatigue or illness concerns are issuing the citation as a warning or safety record, not as an emergency intervention.
Who gets cited most
Our inspection records show significant geographic variation in enforcement. Over the past 180 days, Iowa leads with 64 citations, followed by Texas with 40, and Illinois with 38. All three states maintained a 0.0% out-of-service rate for this code, indicating consistent enforcement philosophy: citation without roadside removal.
New Mexico (19 citations), North Carolina (8 citations), and Kentucky (1 citation) round out the top enforcement jurisdictions, each also recording zero out-of-service placements. This national pattern—enforcement without immediate removal—suggests officers are treating 392.2FC more as a compliance checkpoint than an emergency safety stop.
How severe is this compared to similar codes
392.2FC sits within a family of fatigue and illness-related codes. The parent code, 392.2, has accumulated 1,208,164 citations with a 0.8% OOS rate—far higher volume but slightly elevated severity. Other closely related codes include 392.2RG (96,652 citations, 0.1% OOS rate) and 392.2-SLLSR (191,232 citations, 0.1% OOS rate). Across this family, out-of-service placement remains rare, consistent with 392.2FC's 0.1% rate.
Speeding violations often co-occur with fatigue citations. In the last 90 days, 11 inspections recorded both 392.2FC and speeding violations between 1–5 mph over the limit, suggesting that drowsy driving frequently manifests as erratic speed control. This pattern matters for your defense or mitigation.
How to avoid it
Plan your rest before you feel it. Fatigue rarely announces itself at a safe moment. Our data shows citations are issued year-round with a slight peak in May–July (67, 54, and 51 citations respectively over the last 12 months). Don't wait until you feel drowsy to pull over. If you've been driving 6+ hours, stop for a 15-minute rest, even if you feel fine.
Know your medical triggers. Illness co-occurs with fatigue citations in the same inspection record. If you're running a fever, dealing with medication side effects, or managing a chronic condition that affects alertness, inform your dispatcher before your shift. Better to be reassigned than cited.
Perform a pre-trip vehicle inspection checklist. Our data shows that 392.2FC commonly co-occurs with 396.17C (no proof of periodic inspection, 10 shared inspections) and 393.9 (inoperable required lamp, 9 shared inspections). A driver who skips pre-trip checks is also more likely to be observed as inattentive or fatigued. Conduct your walk-around; it sharpens your alertness and creates a documented record of diligence.
Monitor your ELDs and hours. In the last 90 days, 4 inspections recorded both 392.2FC and 395.8A-ELD (failing to keep records of duty status). If you're not tracking your hours properly, you're also more likely to exceed safe driving windows. Compliance with hours-of-service rules is your first defense against fatigue citations.
If you're drowsy, call it in. The single out-of-service placement in our 1,039-citation dataset occurred in August 2025. The other 1,038 drivers were cited but not removed. If you recognize your own fatigue, contact your company immediately and request a safe stop location. Proactive reporting protects you far more than hoping an inspector won't notice.