What 392.2IRP means in plain language
This regulation targets a specific and serious risk: a driver whose physical or mental condition has deteriorated to the point where continuing to operate a commercial motor vehicle is genuinely unsafe. That condition can stem from fatigue, illness, or any other factor that measurably reduces your alertness or ability to control the vehicle.
The key standard is not whether you feel tired — it's whether your impairment has reached a level that makes it unsafe to begin or continue driving. An inspector citing this code is making a judgment call at roadside that your condition crossed that threshold.
Unlike a straightforward equipment violation, this one is discretionary. The officer observed something — your driving behavior, your demeanor during the stop, signs of microsleep, bloodshot eyes, or incoherent responses — and concluded you should not be behind the wheel. Understanding that context matters for what happens next.
What our enforcement data actually shows
Across our database of 13 million+ inspections, 392.2IRP has generated 6,173 all-time citations, placing it at #304 out of 3,036 FMCSR codes by citation volume. That puts it solidly in the top 10% of all codes by frequency — this is not a rare or obscure citation.
Enforcement activity has been accelerating. Our inspection records show 2,837 citations in the last 12 months alone, and 491 citations in just the last 90 days. To put that in perspective, nearly half of all citations ever recorded for this code arrived in the past year.
Despite the volume, the out-of-service picture is notably mild. Of 6,173 all-time citations, only 14 resulted in an OOS placement — a 0.2% OOS rate. The all-FMCSR average OOS rate across our database is 31.4%, which means 392.2IRP drivers are placed out of service at a fraction of the typical rate. This code is OOS-eligible on paper, but in practice, officers almost never pull a driver from service for it. That said, the CSA severity weight is 8 out of 10 — so while you're likely to keep driving that day, this citation lands hard on your safety score.
Monthly data in our records shows a notable spike in mid-2025: citations hit 344 in May 2025, climbed to 358 in June 2025, and remained elevated at 321 in July 2025 before tapering. The pattern suggests periodic enforcement campaigns, not random scatter.
Who gets cited most
Looking at the last 180 days, our data shows a heavy geographic concentration. North Carolina leads all states with 419 citations, recording a 0.0% OOS rate across those stops. Texas follows with 212 citations, also at 0.0% OOS. Iowa ranks third with 198 citations, again at 0.0% OOS. Together, these three states account for the overwhelming majority of recent enforcement activity for this code.
Illinois and New Mexico round out the top five with 96 and 94 citations respectively. Illinois is the only state in the top group with any meaningful OOS activity — 1 OOS placement in 96 inspections, a 1.0% rate — though the difference versus other states is not statistically dramatic given the counts involved.
On the carrier side, our data shows fleets such as AUTO HAUL EXPRESS LLC (USDOT 4329325) with 27 all-time citations and SUPLICIUM TRANSPORT LLC (USDOT 4381255) with 21 citations appearing at the top of the citation list. Citation concentration at specific carriers can signal operational patterns worth examining in any fleet safety program.
How severe is this compared to similar codes
The 392.2 family of codes — all grouped under unsafe driving — covers a wide spectrum of impairment and moving violations. Comparing 392.2IRP to its peers in our database puts its risk profile in sharper relief.
The base code 392.2 (Operating a CMV while ill or fatigued) dwarfs this variant with 1,208,164 all-time citations and a 0.8% OOS rate. That code is the highest-volume version of this violation type, and its OOS rate is still four times higher than 392.2IRP's 0.2%.
392.2-SLLSR carries 191,232 citations in our records with a 0.1% OOS rate — similar OOS behavior to 392.2IRP but at roughly 31 times the citation volume, reflecting how frequently speed-related state law violations get captured under this umbrella.
392.2-SLLEQP, with 72,352 citations, carries a notably higher 2.4% OOS rate — ten times the OOS rate of 392.2IRP. If your citation had involved an equipment-linked impairment factor, your odds of being sidelined would have been materially higher.
The takeaway: 392.2IRP sits in a cluster of codes where OOS placements are rare, but the CSA weight of 8 means the regulatory memory of this citation is significant regardless of whether you drove away that day.
How to avoid it
Our inspection records show that 392.2IRP rarely appears alone. The co-occurring violation patterns from the last 90 days point directly at the behaviors and conditions that surround these stops. Here's what to address before you turn a wheel:
- Track your Hours of Service meticulously. In our data, 395.8A-ELD (failing to keep records of duty status) appears in 35 of the same inspections as 392.2IRP in the last 90 days. An officer who finds ELD irregularities has more reason to scrutinize your alertness — keep your logs clean and current.
- Complete a real pre-trip, not a walk-around. With 396.17C (no proof of periodic inspection) appearing in 104 shared inspections, officers citing impaired driving are also finding inspection paperwork gaps. Carry your inspection documentation and have it ready.
- Check your lights before every departure. 393.9 (inoperable required lamp) appears in 75 shared inspections. A burned-out lamp is often the reason an officer initiates a stop — fix it before it gives anyone a reason to look closer.
- Verify your fire extinguisher. 393.95A (fire extinguisher missing or defective) appears in 67 shared inspections. This is a two-minute pre-trip check that removes one more probable-cause trigger.
- Don't start the clock on a bad night's sleep. The regulation targets impairment that makes operation unsafe — if you genuinely cannot maintain alertness, the legal and physical risk of continuing far exceeds the cost of stopping. Freightliner, Peterbilt, Kenworth, and International trucks top the citation list for this code in our database, which spans the full range of long-haul equipment. No vehicle type exempts you from this standard.
- Know your CDL status. With 383.23A2 (operating without a CDL) appearing in 146 shared inspections over the last 90 days, a segment of these stops involves drivers whose broader compliance posture is already problematic. Every required credential should be in hand before departure.