What 392.2W means in plain language
FMCSR 392.2W targets a specific safety risk: a driver whose ability to safely operate a commercial motor vehicle has been compromised — whether by fatigue, illness, or any other condition that affects alertness or physical capability. The regulation applies both before you turn the key and while you're already rolling. If your condition makes it unsafe to drive, you're not supposed to be behind the wheel — full stop.
This isn't limited to falling asleep at the wheel. An officer can cite you under 392.2W if they observe signs that your alertness or physical state is impaired enough to create a hazard. That could mean bloodshot eyes, erratic driving patterns leading up to the stop, slurred speech, or any visible indication that you're not in a condition to safely control a 40-ton vehicle.
The practical takeaway: this violation is largely a judgment call made at roadside. The officer decides whether what they observe crosses the line. That means your condition when you interact with an inspector matters just as much as whether you've technically logged your hours correctly.
What our enforcement data actually shows
Across our database of 13 million+ inspections, 392.2W has accumulated 64,257 all-time citations, placing it at #44 out of 3,036 FMCSR codes by citation volume. That's a high-frequency violation. In the last 12 months alone, our records show 40,495 citations written under this code — meaning roughly 63% of all its all-time citations have come in just the past year, a sign of sharply increasing enforcement activity.
The 90-day count reinforces that: 8,943 citations in the most recent quarter we have data for.
Despite that volume, the out-of-service picture tells a different story. Of 64,257 all-time citations, only 59 resulted in a driver being placed out of service — an OOS rate of 0.1%. To put that in context, the all-FMCSR average OOS rate is 31.4%. This code lands far below that average, which makes sense: 392.2W is flagged as OOS-ineligible, and its CSA severity weight of 8 is where the real bite comes from, not roadside detention.
Looking at the monthly trend in our records: citations climbed from 1,171 in April 2025 to a peak of 4,006 in October 2025, then settled into a range between roughly 3,096 and 4,043 through early 2026. The pattern shows sustained, elevated enforcement with no sign of inspectors backing off.
Who gets cited most
Our inspection data for the last 180 days shows a dramatic concentration of 392.2W citations in Texas, which recorded 18,174 citations in that window — with 15 OOS events for a 0.1% OOS rate. Illinois comes in as the second-highest state with 185 citations and 1 OOS event (0.5% rate). North Carolina rounds out the top three with 30 citations and zero OOS placements.
The gap between Texas and every other state in this window is striking. Texas alone accounts for the overwhelming share of recent 392.2W citations in our database, which likely reflects both the volume of commercial traffic crossing through and the enforcement posture of inspectors operating at high-traffic corridors along the southern border.
The OOS rate difference between Texas (0.1%) and Illinois (0.5%) is relatively small in absolute terms — less than 5 percentage points — so both states are in a similar enforcement posture when it comes to actually detaining drivers at the roadside.
On the carrier side, our data shows fleets such as TRANSPORTES REFRIGERADOS GALVAN SA DE CV (USDOT 1554326) with 377 all-time citations under this code, and AKNA TRANSPORTES S DE RL DE CV (USDOT 1856796) with 318 citations. The concentration of Mexican-domiciled carriers in the top of this list is consistent with the Texas citation volume — border crossing corridors are clearly a focal point for this violation.
How severe is this compared to similar codes
Within the Unsafe Driving category, 392.2W is one of several related codes, and the volume comparisons are revealing. The parent code 392.2 (Operating a CMV while ill or fatigued) has 1,208,164 all-time citations in our database — nearly 19 times the volume of 392.2W — and carries a 0.8% OOS rate. The peer code 392.2RG has 96,652 citations and a 0.1% OOS rate, putting it in the same OOS tier as 392.2W but with roughly 1.5 times as many all-time citations.
Another peer worth noting: 392.2-SLLEQP has 72,352 citations but a 2.4% OOS rate — 24 times higher than 392.2W's rate. If you see that code alongside 392.2W in an inspection report, the combined picture is more serious than either violation in isolation.
At a CSA severity weight of 8, 392.2W is weighted heavily enough that even without an OOS placement, a citation feeds your Safety Measurement System record and can affect your carrier's BASIC scores. That's the enforcement mechanism to focus on here — not the roadside detention risk, but the downstream SMS impact.
How to avoid it
The co-occurring violation pattern in our 90-day data offers a clear signal: 392.2W citations rarely show up alone. Inspectors who pull a driver for apparent impairment tend to write up everything they see. Here's what you can do before and during every trip to reduce your exposure:
- Check every required lamp before you leave the yard. Code 393.9 (Inoperable Required Lamp) appeared alongside 392.2W in 1,019 shared inspections in the last 90 days. A burned-out headlight or marker lamp is often what prompts the initial stop that leads to a 392.2W citation.
- Walk your brakes, specifically your slack adjusters. Code 393.47E (Slack adjuster defective) co-occurred in 312 shared inspections. A brake defect discovered during inspection signals to the officer that the pre-trip wasn't thorough — and an inattentive pre-trip can reinforce the impression of an impaired or fatigued driver.
- Inspect your windshield. Code 393.78 (Windshield condition defective) appeared in 553 shared inspections. A cracked or obscured windshield is a quick visual cue for inspectors and an easy citation layered on top of a fatigue stop.
- Carry proof of your last periodic inspection. Code 396.17C (No proof of periodic inspection) showed up in 396 shared inspections. Having your paperwork in order signals a professional operation and can change the tone of an inspection.
- Check fuel lines and connections. Code 396.5B (Fuel system leak) appeared in 328 shared inspections — something a careful under-vehicle walk-around catches before it becomes an inspector's finding.
- If you're tired or sick, don't start the trip. This is the most direct prevention. The regulation applies before you begin driving. A missed delivery is recoverable. A 392.2W citation with an 8-severity CSA weight on your record — and potentially on your carrier's SMS scores — is a cost that follows you much longer.
Frightliner (FRHT) vehicles account for 16,688 all-time 392.2W citations in our database, followed by Kenworth (KW) at 13,620 and Peterbilt (PTRB) at 10,694. These are the most common trucks on the road, so the numbers reflect fleet distribution more than any specific vulnerability — but if you're operating one of these platforms, you're operating in the exact equipment profile where inspectors have the most experience identifying this violation.