What 392.2P means in plain language
FMCSR 392.2P prohibits you from driving a commercial motor vehicle if your physical or mental condition makes you unsafe to operate it. This includes fatigue, illness, or any other impairment that reduces your alertness or ability to control the vehicle safely.
Inspectors apply this rule when they observe signs that you should not be behind the wheel—drowsiness, confusion, slurred speech, difficulty focusing, or statements about feeling unwell. The violation is not about minor ailments or normal tiredness; it's about conditions severe enough that continuing to drive poses a genuine safety risk. The officer documents their observations at roadside and cites the code if they believe your condition created an unsafe situation.
What our enforcement data actually shows
Across our 13 million inspection records, 392.2P is cited far less often than many other safety violations. In the last 12 months, officers issued 151 citations for this code. In the last 90 days, that number was 32 citations. All-time, we show 257 citations total.
Here's what matters most: our inspection records show a 0.4% out-of-service rate for 392.2P citations. That means only 1 driver out of 256 cited was placed out of service immediately. This is dramatically lower than the all-FMCSR average OOS rate of 31.4%. Ranked by citation volume across all 3,036 FMCSR codes, 392.2P sits at #1141—a relatively uncommon citation nationally.
The rarity of this code has two implications. First, inspectors are selective about using it; they don't cite borderline cases lightly. Second, the overwhelming majority of citations result in a warning or citation alone, not removal from service on the spot.
Who gets cited most
Our data from the last 180 days shows 392.2P citations concentrated in a handful of states. Texas leads with 25 citations and a 0.0% OOS rate. Iowa follows with 22 citations, also 0.0% OOS. Illinois is third with 14 citations and 0.0% OOS. New Mexico, North Carolina, and other states trail significantly. The fact that the top three states show no out-of-service placements aligns with the national trend for this code.
By carrier, our all-time records show fleets such as J B HUNT TRANSPORT INC with 3 citations and WERNER ENTERPRISES INC with 3 citations. These carriers operate large fleets across many states and thousands of drivers, so a handful of citations reflects routine enforcement activity rather than systematic issues.
How severe is this compared to similar codes
392.2P belongs to a family of fatigue and illness violations. The broader code 392.2 has generated 1,208,164 citations all-time with a 0.8% OOS rate—showing that even the parent category is rarely grounds for immediate removal. Peer codes like 392.2RG (96,652 citations, 0.1% OOS) and 392.2-SLLSR (191,232 citations, 0.1% OOS) tell the same story: inspectors document these violations but seldom place drivers out of service on the roadside.
In contrast, some equipment violations in other categories carry OOS rates above 2.4%, making them far more likely to end your trip immediately. The data suggests 392.2P citations are enforcement messaging—officers want you and your carrier to take the condition seriously—rather than automatic roadside removal.
How to avoid it
The co-occurring violations in our database provide practical guidance. When 392.2P appears alongside speeding citations (392.2-SLLS2), it signals that tired or ill drivers may make other judgment errors. When it co-occurs with ELD violations (395.22H1, 395.22H2), it suggests drivers skipped rest or weren't tracking hours properly.
Here's how to stay clear:
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Know your limits before you start. If you're running a fever, on new medication that makes you drowsy, or nursing an injury, don't drive that day. Call dispatch and report your condition. A missed load is better than a citation or crash.
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Plan sleep, don't skip it. Use your 10-hour break to actually rest, especially on multi-day trips. Fatigue builds across days, and inspectors can spot patterns of chronic tiredness.
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Check your ELD and hours daily. Our data shows fatigue violations sometimes appear with ELD record-keeping failures. If your hours are out of compliance, you're more likely to be fatigued and more likely to be cited.
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Do a real pre-trip every morning. Before you climb in the cab, assess yourself honestly. Can you focus? Is your reaction time sharp? Do you have unexplained aches, chills, or nausea? If the answer to any is no, wait or find another driver.
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Stay hydrated and take breaks on long drives. Dehydration mimics fatigue. A 15-minute stop every 2 hours, some water, and a walk improve alertness more than you might expect.
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Communicate with dispatch. If you're feeling unwell but not unsafe yet, report it. Your company wants to know before you're pulled over. Early communication gives everyone time to arrange relief or a replacement.
The statistics show 392.2P citations are uncommon and rarely result in immediate removal, but they damage your safety record and signal a pattern inspectors or your carrier will notice. Prevention is simpler and safer than managing a citation.