What 392.2H means in plain language
FMCSR 392.2H addresses a straightforward but critical safety principle: if you're too sick or too tired to drive safely, you cannot operate a commercial motor vehicle. This isn't about minor sniffles or a long night—it's about any condition, whether illness or fatigue, that meaningfully impairs your ability to stay alert and in control.
The regulation doesn't specify which illnesses qualify or how many hours of sleep deprivation trigger a violation. Instead, it focuses on the practical outcome: can you drive safely right now? If a roadside inspector observes signs that your alertness or physical capability is compromised—whether from fever, medication side effects, extreme fatigue, or another cause—they can cite you. This is a judgment-based enforcement action, which means the inspector documents observable indicators (your statements, visible symptoms, driving behavior) that led them to conclude you were unsafe to operate the vehicle.
The citation itself does not result in an out-of-service order in most cases. However, it carries significant weight in your driving record and your carrier's safety profile.
What our enforcement data actually shows
Across our 13 million+ inspection records, 392.2H citations are uncommon. We've recorded 17 all-time citations for this code, with only 2 citations in the last 12 months and 0 in the last 90 days. This places 392.2H at rank #2011 out of 3,036 FMCSR codes by citation volume—meaning it is rarely enforced relative to other violations.
When 392.2H is cited, however, the out-of-service rate is notably elevated. Of the 17 all-time citations, 8 drivers were placed out of service (47.1% OOS rate). This is considerably higher than the all-FMCSR average OOS rate of 31.4%, indicating that inspectors typically issue this citation only in cases where driver impairment is severe enough to warrant removal from duty immediately.
In the last 12 months, we observed 2 citations: 1 in August 2025 and 1 in November 2025. Both resulted in out-of-service placements, reinforcing the pattern that when this violation is cited, safety concerns are substantial enough to ground the driver.
Who gets cited most
Our inspection records show limited geographic concentration for 392.2H. Over the last 180 days, New Mexico accounts for 1 citation, with an out-of-service rate of 100% (1 out of 1 citation). The sparse data reflects how infrequently this code appears in enforcement.
Looking across all-time data, our database shows fleets such as Trust Line Inc (USDOT 3173708) with 2 citations. Other carriers including Scotty McPhail Inc, Aztec Trucking LLC, S&T Transport Inc, and several independent operators each have 1 citation on record. The distribution across carriers and the small total volume suggest that 392.2H citations are broadly scattered rather than concentrated among specific fleets, and no single carrier exhibits a pattern of repeated enforcement.
How severe is this compared to similar codes
392.2H sits within a broader family of fatigue and impairment violations. To understand its severity in context, consider the peer codes in the same category:
392.2 (Operating a CMV while ill or fatigued) has been cited 1,208,164 times across our dataset with a 0.8% OOS rate. This broader code encompasses the same violation but reflects massive enforcement volume—roughly 70,000 times more citations than 392.2H. The substantially lower OOS rate (0.8% vs. 47.1%) indicates that the broader 392.2 category includes many citations for less severe impairment.
392.2-SLLEQP shows 72,352 citations with a 2.4% OOS rate, suggesting another variant of the fatigue violation that results in out-of-service placement more frequently than the standard 392.2 but far less often than 392.2H.
392.2-SLLEWA1 accounts for 69,565 citations with a 1.0% OOS rate, similar to the base 392.2 category.
The stark contrast—392.2H's 47.1% OOS rate versus the base 392.2's 0.8%—indicates that when officers cite the specific 392.2H code (rather than a broader variant), the impairment is serious enough to require immediate driver removal from service in nearly half of cases.
How to avoid it
Preventing a 392.2H citation requires honest self-assessment and proactive wellness management:
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Get adequate sleep before every shift. Fatigue is the most common trigger for this citation. Plan your schedule so you're not pushing through exhaustion. If you're running on fumes after a short sleep period, delay your departure or swap with another qualified driver. The citation stays on your record; the delay costs far less.
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Don't medicate and drive. Many over-the-counter and prescription medications cause drowsiness or impair judgment. Read labels carefully. If a medication warns against operating machinery, it applies to you. Discuss any new medication with your doctor and ask whether it's safe to drive professionally.
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Recognize early warning signs of illness. If you're running a fever, experiencing severe congestion, or feeling dizzy, you are not safe to operate a CMV. Report it to dispatch and arrange a relief driver. An inspector can spot these signs during a roadside stop, and by then it's too late.
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Stay hydrated and take regular breaks. Dehydration and fatigue often go hand-in-hand. Stop every 2 hours, stretch, drink water, and assess how you feel. If your alertness is slipping, find a safe place to rest.
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Communicate with your dispatcher and carrier. Most carriers have fatigue policies and can adjust routes or assign relief drivers if you report symptoms early. Trying to power through not only invites a citation but puts yourself and others at severe risk.
The 47.1% out-of-service rate for 392.2H underscores that inspectors cite this code only when they observe genuine impairment. The best defense is never reaching that point in the first place.