What 392.2R means in plain language
FMCSR 392.2R prohibits you from operating a commercial motor vehicle when your ability to drive safely is compromised by fatigue, illness, or any other condition that impairs your alertness. The rule is straightforward: if your physical or mental state makes it unsafe for you to start or continue driving, you cannot legally operate a CMV.
This isn't about a single symptom. It covers anything from a head cold that clouds your judgment, to drowsiness from lack of sleep, to medication side effects, to acute pain from an injury. The inspector's job is to assess whether, in their judgment, your condition presented a hazard to you and other road users.
The citation doesn't mean you were involved in an accident or driving recklessly. It means an officer observed signs—such as swerving, slow reaction times, glazed eyes, or slurred speech—that led them to believe fatigue or illness was affecting your ability to operate the vehicle safely.
What our enforcement data actually shows
Across our 13 million+ inspection records, 392.2R is rarely cited. All-time, we show 103 citations nationwide. Over the last 12 months, the rate was 48 citations, and in the last 90 days just 5 citations appeared in our database.
This code ranks #1408 out of 3,036 FMCSR codes by citation volume—meaning it is one of the least-cited violations. What's equally important: our inspection records show a 0.0% out-of-service rate for 392.2R. None of the 103 all-time citations resulted in an immediate removal from service. By contrast, the all-FMCSR average out-of-service rate is 31.4%, so 392.2R is treated as a citation-only violation in practice.
The monthly trend over the past 12 months shows variability. June 2025 saw the highest volume at 10 citations, while April 2025, January 2026, and February 2026 each had just 1 citation.
Who gets cited most
Our data shows the top states for 392.2R citations in the last 180 days are New Mexico (6 citations, 0.0% OOS rate) and North Carolina (2 citations, 0.0% OOS rate). Both states show zero out-of-service placements.
Among carriers in our all-time records, Eagle Rock Concrete LLC (USDOT 2369002) has the highest count with 2 citations. All other carriers with citations—including Ards Trucking Company Inc, Skyview Farms Inc, Estes Express Lines, Fraley & Schilling Inc, Bay and Bay Transfer Co Inc, AAA Cooper Transportation, US Xpress Inc, FirstFleet Inc, and Evans Delivery Company Inc—each had 1 citation. This pattern reflects how infrequently the violation occurs across the industry.
How severe is this compared to similar codes
392.2R is part of a broader family of fatigued or impaired driving violations. Our inspection records show that the parent code 392.2 (Operating a CMV while ill or fatigued, general) has 1,208,164 citations with a 0.8% OOS rate. Code 392.2-SLLSR has 191,232 citations at 0.1% OOS, and 392.2RG has 96,652 citations at 0.1% OOS.
Compared to these peer codes, 392.2R is enforced at a much lower frequency. The broader 392.2 violation appears in roughly 11,700 times more citations than 392.2R. This suggests that inspectors cite the general fatigue/illness provision far more often than this specific variant code, or that 392.2R enforcement has remained historically limited.
How to avoid it
The best defense against a 392.2R citation is simple: never operate a CMV when you are not fit to drive. Translate that into concrete pre-trip and during-trip habits:
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Assess your condition before each shift. If you are running a fever, taking new medication with drowsiness warnings, or have had fewer than 5 hours of sleep, reschedule or notify your dispatch. Honesty now beats a citation later.
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Know the signs of fatigue. Difficulty focusing on the road, frequent lane drifting (even minor), or struggling to keep your eyes open are red flags. If you notice them, pull over safely and rest or switch drivers.
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Build in buffer time. Our data shows co-occurring violations include speeding (392.2-SLLS3, 1 shared inspection), which often correlates with rushing. Speeding when tired amplifies the hazard and increases inspection scrutiny.
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Maintain your vehicle to reduce stress. Co-occurring defects in our 90-day sample include coupling device issues (393.55E) and inoperative brake lamps (393.9BRKLAMP). A well-maintained rig is easier to operate when you are fatigued and less likely to trigger a secondary inspection that might surface your condition.
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Pay attention to your hydration and breaks. Dehydration intensifies fatigue. Stop regularly, drink water, and stretch. This habit is both safer and will make you a less likely inspection target.
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Communicate with your carrier about scheduling. If your company is consistently pressuring you to drive long hours, document it and raise it with safety management. Our inspection records show that fatigue violations are rare, partly because most carriers have moved away from practices that cause them.
Remember: a 392.2R citation, while uncommon, will add a CSA severity weight of 8 to your record. That affects your overall safety profile and may influence hiring decisions at other carriers. The cheapest and safest approach is prevention—don't drive when you shouldn't.