What 392.2PK means in plain language
Code 392.2PK prohibits you from operating a commercial motor vehicle when your ability to drive safely is impaired. This impairment can stem from fatigue, illness, or any other condition that reduces your alertness or judgment enough to make continued operation unsafe.
The regulation doesn't require you to be completely incapacitated. An officer can cite you if they observe signs that your condition—whether it's drowsiness, pain, medication effects, or illness symptoms—makes it unsafe for you to be behind the wheel. The decision point is whether a reasonable inspector believes your ability or alertness has been compromised to an unsafe degree.
This is fundamentally about fitness to operate. If you're too tired, too sick, or too impaired in any way to drive safely, you shouldn't be driving. The citation exists to protect you, your cargo, and the public on the road.
What our enforcement data actually shows
Across 13 million inspections in our database, 392.2PK has generated 1,124 all-time citations, ranking it #685 out of 3,036 FMCSR codes by citation volume. In the last 12 months, we recorded 194 citations; in the last 90 days, 39 citations.
The most striking fact: not a single citation for 392.2PK has resulted in an out-of-service order. Our records show a 0.0% OOS rate across all 1,124 citations. This contrasts sharply with the all-FMCSR average OOS rate of 31.4%. Officers cite this code but do not pull drivers out of service for it. The absence of OOS action may reflect the challenge of objectively measuring impairment at roadside, or a tendency for inspectors to address fitness concerns through verbal warning before escalating to citation.
Citations have remained relatively steady month-to-month over the past year, ranging from 7 to 23 per month. May and June 2025 saw higher activity (22 and 23 citations respectively), as did September 2025 (23 citations) and March 2026 (23 citations).
Who gets cited most
Our inspection records show significant geographic variation. Iowa leads all states with 76 citations in the last 180 days (0.0% OOS rate). New Mexico follows with 6 citations (0.0% OOS rate), and Illinois and North Carolina each account for 2 citations (both 0.0% OOS rate). Nebraska rounds out the top five with 1 citation.
Iowa's 76 citations represent a concentrated enforcement activity in that state—roughly two-thirds of all 392.2PK citations in our 180-day window. The lack of any OOS placement across all top states suggests uniform enforcement philosophy: officers cite the violation but do not remove drivers from service.
Among carriers, our data shows fleets such as New Prime Inc with 10 citations (USDOT 3706) and Swift Transportation Co of Arizona LLC with 6 citations (USDOT 54283) appearing more frequently in our records. This reflects the volume of inspections these large carriers encounter rather than any judgment about safety culture.
How severe is this compared to similar codes
The broader "Operating a CMV while ill or fatigued" family contains multiple related codes. The parent code 392.2 has generated 1,208,164 all-time citations with a 0.8% OOS rate—substantially higher citation volume but a similarly low OOS rate. Code 392.2-SLLSR (another variant) shows 191,232 citations with just 0.1% OOS rate. Code 392.2RG accounts for 96,652 citations at 0.1% OOS rate.
What distinguishes 392.2PK is its much lower citation count (1,124) relative to the parent code and major variants. Yet the enforcement pattern is consistent: low OOS rates across the entire family. This suggests that impairment allegations, while serious in intent, are rarely deemed severe enough for immediate out-of-service action at the roadside. Most likely the officer issues a citation and the driver either contests it or addresses it through their carrier's compliance process.
How to avoid it
Before you depart:
- Get adequate sleep the night before and every night during your trip. Fatigue is the most common factor in 392.2PK citations. Aim for 7–8 hours and respect your 10-hour off-duty minimum.
- If you are ill—fever, severe cough, body aches, dizziness, or medication side effects—do not drive. Inform your dispatcher and schedule yourself off. No load is worth a citation or a crash.
- Review any new medications with a pharmacist and ask about driving safety. Some common remedies cause drowsiness or impaired judgment.
During your trip:
- Recognize the early warning signs of fatigue: difficulty focusing, frequent blinking, head bobbing, lane drifting. If you notice any of these, pull over immediately and rest or switch drivers.
- Stay alert to your physical condition. Pain, nausea, or lightheadedness are reasons to stop and address the issue before an officer does.
- Keep your cab organized and your workspace clean. Our data shows that 392.2PK citations often appear alongside warning-device violations (11 co-occurrences with improper emergency warning display in the last 90 days). A cluttered, disorganized cab can signal fatigue or lack of focus to an inspector.
If you feel borderline:
- When in doubt, pull over. Call your dispatch and take a rest break, even if it delays your delivery. A 30-minute nap is far better than a citation.
- Do not rely on energy drinks or caffeine as a substitute for sleep. Officers recognize these as signs of fatigue management rather than fitness to operate.
- Document your rest breaks and off-duty time accurately in your ELD. Our data shows that false or incomplete duty-status records (6 co-occurrences with 395.8E in the last 90 days) often appear in inspections where fatigue is also cited. Honest record-keeping protects you both ways.