What 392.2IN means in plain language
FMCSR 392.2IN targets a specific and serious situation: a driver whose ability or alertness has become so compromised — whether from fatigue, illness, or any other condition — that continuing to operate the vehicle would be unsafe. It doesn't require an accident or a near-miss. An officer who observes signs of impairment at the roadside has the authority to write this citation on the spot.
The regulation applies to the decision to begin a trip just as much as it applies to continuing one already underway. If you're running a fever, haven't slept, or are dealing with a medical issue serious enough to affect your reaction time or judgment, the rule says you shouldn't be behind the wheel — regardless of delivery pressure or schedule.
This isn't a paperwork violation. It's a direct assessment of your fitness to operate a commercial motor vehicle at the moment an officer interacts with you. Understanding what triggers it — and what it does to your CSA record — matters whether you're a solo owner-operator or driving for a large fleet.
What our enforcement data actually shows
Across our database of 13 million+ inspections, 392.2IN has generated 3,021 all-time citations, placing it at #439 out of 3,036 FMCSR codes by citation volume. That's a meaningful slice of enforcement activity — not an obscure edge case.
Enforcement has accelerated recently. Our inspection records show 1,222 citations in the last 12 months alone, and 230 citations in just the last 90 days. Looking at the monthly trend, citation counts spiked sharply in mid-2025 — hitting 162 citations in June 2025 and 156 in May 2025 — before moderating toward the end of the year and picking back up in early 2026, with 112 citations recorded in March 2026.
One number that should reassure drivers on citation consequences: the out-of-service rate for 392.2IN is just 0.3%. Out of 3,021 all-time citations, only 8 drivers were actually placed out of service. The remaining 3,013 were cited but allowed to continue. Compare that to the all-FMCSR average OOS rate of 31.4% — 392.2IN comes in dramatically below that benchmark. That said, a citation still carries a CSA severity weight of 8, which is on the high end of the scale. You won't be parked, but the violation will hit your Safety Measurement System (SMS) score hard and stay visible to carriers and shippers.
Who gets cited most
Looking at the last 180 days in our database, Iowa leads all states by a wide margin with 225 citations and a 0.0% OOS rate. Illinois comes in second with 103 citations and a slightly higher OOS rate of 1.0% — the most notable OOS-rate variation among the top states. New Mexico ranks third with 76 citations at a 0.0% OOS rate. North Carolina, Kentucky, and Pennsylvania round out the active enforcement states, though their volumes are considerably lower.
The gap between Iowa's 225 citations and Illinois's 103 suggests this is heavily concentrated enforcement activity, not evenly distributed national pressure. If your lanes run through Iowa or Illinois regularly, 392.2IN is a code worth having on your radar.
Among carriers, our data shows fleets such as WESTERN EXPRESS INC (USDOT 511412) with 30 all-time citations and FEDERAL EXPRESS CORPORATION (USDOT 86876) with 16 citations. The presence of large national carriers in the top-cited list reflects the sheer volume of miles those fleets run — it's not indicative of any particular compliance problem unique to them.
How severe is this compared to similar codes
Within the Unsafe Driving category, 392.2IN is a niche sub-code compared to its parent and sibling violations. The base code 392.2 — the broader operating-while-impaired violation — has accumulated 1,208,164 citations in our database with a 0.8% OOS rate. That's roughly 400 times the citation volume of 392.2IN, which tells you the IN-specific variant is an enforcement subcategory that officers apply in particular circumstances.
392.2RG has 96,652 all-time citations with a 0.1% OOS rate — also dwarfing 392.2IN in volume. Interestingly, 392.2RG appears in 90 shared inspections with 392.2IN in just the last 90 days, meaning officers frequently write both codes together on the same inspection report.
392.2-SLLEQP, another peer code in the same category, carries a notably higher OOS rate of 2.4% across 72,352 citations — the highest OOS rate among the peer codes listed. By comparison, 392.2IN's 0.3% OOS rate is low, but its CSA severity weight of 8 means it punishes your score even when you're not parked.
How to avoid it
The co-occurring violation pattern in our data gives a clear picture of what these inspections look like in practice. 392.2IN rarely shows up alone — it clusters with equipment violations, missing documents, and other unsafe-driving codes. That means officers are often conducting thorough inspections when they write it. Here's what to address before and during your pre-trip:
- Be honest about your physical state before starting the engine. If you're running ill, heavily medicated, or haven't had adequate sleep, the 0.3% OOS rate means you probably won't be parked — but the CSA severity weight of 8 will follow you. The safest move is to address the underlying condition before you roll.
- Complete your required periodic inspection documentation. Our data shows 396.17C (No proof of periodic inspection) appeared in 63 shared inspections with 392.2IN in the last 90 days. Missing paperwork triggers closer scrutiny of everything, including your condition.
- Walk your lights before departure. 393.9 (Inoperable Required Lamp) showed up in 40 shared inspections. Inoperable lights invite the kind of detailed stop where officer observations about your alertness become part of the report.
- Check your fire extinguisher and warning devices. 393.95A (fire extinguisher missing or defective) and 393.95F (warning devices missing or improper) each appeared in 25 and 17 shared inspections respectively. These are quick pre-trip items that can turn a minor stop into a multi-violation inspection.
- Verify your medical certification is current and accessible. 391.41A (Physical qualification — general) appeared in 19 shared inspections. An expired or unavailable medical card alongside signs of fatigue is a combination that escalates fast.
- Freightliner and International cab drivers, pay attention. FRHT vehicles account for 713 all-time citations under this code, and INTL for 336. If you're in one of these cabs on a long haul, officers know the profile. Your pre-trip needs to be clean and your demeanor alert at the window.