What 392.2LV means in plain language
This regulation targets a specific risk: a driver whose ability to safely control a commercial motor vehicle has been compromised by fatigue, illness, or any similar condition that impairs alertness. The core idea is that the moment your physical or mental state makes it unsafe to operate — whether you haven't slept, you're running a fever, or something else is affecting your judgment — you should not be behind the wheel.
What makes this code distinct is that it doesn't require an accident or a near-miss to trigger a citation. An inspector who observes signs of impairment — bloodshot eyes, slow reactions, incoherent responses, erratic lane behavior — has the authority to write this violation on the spot. The standard is your actual condition, not whether something bad has happened yet.
From a regulatory standpoint, 392.2LV carries a CSA Severity Weight of 8, which puts it in the upper tier of Unsafe Driving violations. That score attaches to your record and factors directly into your carrier's BASIC percentile. One citation isn't career-ending, but it signals to safety officials that a real risk was present on that road, on that day.
What our enforcement data actually shows
Across our database of 13 million+ inspections, 392.2LV has generated 4,115 all-time citations — and not a single one resulted in an out-of-service order. The OOS rate sits at exactly 0.0%, which is a meaningful contrast to the all-FMCSR average OOS rate of 31.4%. When the average code across the entire regulatory framework puts nearly one in three cited drivers out of service, a 0.0% rate tells you that inspectors are consistently documenting the violation without immobilizing the vehicle.
That doesn't mean this citation is harmless. It means the enforcement pattern is citation-and-release, not citation-and-park. The CSA Severity Weight of 8 still attaches and still counts.
The volume trend reinforces that this is an actively enforced code. Our inspection records show 2,033 citations in the last 12 months alone — meaning roughly half of all 4,115 all-time citations were issued within the past year. In the last 90 days, inspectors issued 362 citations under this code. Looking at the monthly breakdown, September 2025 was the heaviest enforcement month with 255 citations, and June 2025 was close behind at 228. Even in slower months like December 2025 (121 citations) and January 2026 (132 citations), enforcement remained steady. This is not a code that gets written occasionally — it is being applied consistently and at an increasing pace.
Nationally, 392.2LV ranks #379 out of 3,036 FMCSR codes by citation volume. That puts it in roughly the top 13% of all codes by how often it gets cited.
Who gets cited most
Looking at the last 180 days, our inspection records show three states driving the bulk of 392.2LV citations. North Carolina leads with 362 citations, followed by Illinois at 307, and New Mexico at 151. All three states show a 0.0% OOS rate, so there's no meaningful variation in how inspectors in those states handle the outcome — the pattern of documenting without parking the driver is consistent across all of them.
It's worth noting that NC, IL, and NM collectively account for a substantial share of recent volume, which suggests these states have enforcement programs specifically attuned to driver-condition violations, not just equipment defects.
At the carrier level, our data shows fleets such as J B HUNT TRANSPORT INC (USDOT 80806) with 37 all-time citations and FEDERAL EXPRESS CORPORATION (USDOT 86876) with 27 citations appearing at the top of the citation list. These are high-mileage, high-driver-count operations — the citation counts reflect exposure as much as anything else. SWIFT TRANSPORTATION CO OF ARIZONA LLC (USDOT 54283) shows 26 citations all-time, and UNITED PARCEL SERVICE INC (USDOT 21800) shows 23.
How severe is this compared to similar codes
To understand where 392.2LV fits, it helps to look at peer codes in the same Unsafe Driving category. The base code 392.2, also labeled as operating a CMV while ill or fatigued, has accumulated 1,208,164 citations in our database with a 0.8% OOS rate — orders of magnitude more volume than 392.2LV's 4,115 citations. That tells you 392.2LV is a specific subclassification, not the primary bucket inspectors reach for.
Code 392.2-SLLSR, another operating-while-impaired variant, shows 191,232 citations and a 0.1% OOS rate. Code 392.2-SLLEQP shows 72,352 citations but a notably higher 2.4% OOS rate — meaning that particular variant is more likely to result in the driver being parked. By comparison, 392.2LV's 0.0% OOS rate across 4,115 citations is on the more lenient end of outcomes within this category, even though the severity weight is the same.
How to avoid it
The co-occurring violation pattern in our last-90-days data tells a clear story: 392.2LV is most frequently written alongside speeding codes. Speeding 6-10 mph over the limit (392.2-SLLS2) appeared in 33 shared inspections, speeding 15+ mph over (392.2-SLLS4) in 18, and speeding 1-5 mph over (392.2-SLLS1) in 16. That pattern strongly suggests inspectors are pulling drivers over for speed, then observing signs of fatigue or illness during the stop.
The practical takeaway: speed is often the trigger that brings an inspector's attention to your condition. Use these actions before and during every run:
- Enforce your own speed discipline. If you're tired, your speed management suffers first. Consistently running even 6-10 mph over the limit is both a separate violation and the most common reason 392.2LV gets added to a citation.
- Do an honest pre-trip self-assessment. Before you start the engine, ask yourself whether fatigue, illness, or any physical condition is affecting your alertness. If the answer is yes, document it and notify dispatch — the HOS framework exists precisely for this.
- Know your FRHT and VOLV cab environments. Our data shows Freightliner (FRHT) vehicles account for 1,352 all-time citations under this code, and Volvo (VOLV) for 567. If you operate one of these platforms, your cab's climate control, seat comfort, and noise levels are directly relevant to fatigue management on long runs. Check HVAC function during pre-trip.
- Don't mask fatigue with stimulants before a stop. Inspectors are trained to assess your actual state. A driver who appears wired but disoriented can still be cited.
- Check your lighting and reflectors before departure. Code 393.11 (lighting devices/reflectors) appeared in 6 shared inspections alongside 392.2LV in the last 90 days. A dark or improperly lit unit draws inspection attention, and once you're being examined, your condition is also under review.
- Address minor illness before dispatch. A head cold, flu symptoms, or pain medication that causes drowsiness is enough to support a 392.2LV citation if an inspector observes impairment. Communicate with your fleet before departure, not after you're already cited at mile marker 200.