What 392.2WC means in plain language
This regulation targets a straightforward but serious situation: a driver whose ability to safely operate a commercial motor vehicle has been compromised — whether by fatigue, illness, or any other condition — should not be behind the wheel. The rule applies both before a trip starts and while a trip is already underway.
The key phrase officers apply is whether your alertness or physical capability is impaired enough to make continued operation unsafe. That judgment call can be triggered by observable signs at a weigh station or traffic stop: bloodshot eyes, slurred speech, erratic driving behavior, or a driver who admits to feeling unwell or exhausted.
Note that 392.2WC is specifically the "while ill or fatigued" flavor of the broader 392.2 unsafe driving framework. It is distinct from speeding sub-codes or lane-related sub-codes under the same parent regulation, and enforcement officers use it when the impairment is clearly fatigue- or illness-based rather than a traffic violation.
What our enforcement data actually shows
Across our database of 13 million+ inspections, 392.2WC has accumulated 7,990 all-time citations, placing it at #257 out of 3,036 FMCSR codes by citation volume — well inside the top 10% of all codes enforced nationally.
Enforcement activity has been accelerating sharply. The last 12 months alone account for 4,896 citations, and the last 90 days produced 1,026 citations — meaning roughly one-third of the past year's volume occurred in just the most recent quarter. That trend is not slowing down.
Despite the volume, the out-of-service picture is unusual. Our inspection records show that of 7,990 all-time citations, only 2 resulted in an out-of-service order — an OOS rate of 0.0%. To put that in context, the all-FMCSR average OOS rate is 31.4%. This code sits essentially at zero. In practical terms, a 392.2WC citation almost never takes you off the road immediately at the inspection site. However, do not confuse a low OOS rate with low consequence — the CSA severity weight for this code is 8 out of 10, which is near the top of the scale. That citation follows your safety record for two years and affects your employer's SMS score significantly.
Looking at the monthly trend data in our database, citations spiked to 478 in October 2025 and remained elevated — above 390 per month — through March 2026. The pattern suggests sustained enforcement focus rather than a short-term blitz.
Who gets cited most
Our inspection records show that Texas dominates enforcement of this code by an enormous margin. In the last 180 days, Texas logged 2,169 citations with a 0.0% OOS rate. The next-closest state, Illinois, recorded 84 citations in the same period — also at 0.0% OOS. North Carolina comes in third with 31 citations, again at 0.0% OOS. The OOS rates across these top states are consistent with each other and with the national figure, so there is no meaningful state-to-state variation in how often this citation results in an immediate out-of-service order.
The concentration in Texas stands out. The Texas–Mexico border crossing corridor is a high-inspection-density environment, and that geography shows clearly in the carrier data. Our data shows fleets such as TRANSPORTE INTERNACIONAL LOPEZ OCHOA SA DE C V (USDOT 1041907) with 27 all-time citations and CNC LOGISTICS S DE RL DE CV (USDOT 2726203) with 23 all-time citations appearing at the top of the citation count list — both cross-border operators. This pattern suggests that long international hauls with extended driving hours, crossing into high-enforcement zones, are a common context for this citation.
How severe is this compared to similar codes
Within the Unsafe Driving category, 392.2WC is a lower-volume code compared to its peer codes, but that does not mean it is treated lightly. The parent code 392.2 (Operating a CMV while ill or fatigued) has 1,208,164 all-time citations in our database with a 0.8% OOS rate — roughly 150 times the citation volume of 392.2WC. The sub-code 392.2RG has 96,652 citations with a 0.1% OOS rate, and it co-occurs with 392.2WC in 244 shared inspections over the last 90 days alone, meaning inspectors frequently issue both together.
Another peer, 392.2-SLLEQP, carries a 2.4% OOS rate across 72,352 citations — the highest OOS rate among the peer codes shown. By comparison, 392.2WC's 0.0% OOS rate is at the low end of the category. What all of these codes share, though, is a CSA framework that treats unsafe driving as one of the most heavily weighted violation categories. A citation here, regardless of sub-code, hits harder in SMS scoring than most equipment violations.
How to avoid it
The co-occurring violation data in our records points to a clear pattern: drivers cited for 392.2WC are frequently also cited for equipment defects. In the last 90 days, 399 inspections with a 392.2WC citation also had a 393.9 (Inoperable Required Lamp) violation, and 166 shared an 393.11 (Lighting devices/reflectors) violation. That combination suggests inspectors who stop a vehicle for a lighting defect are then scrutinizing the driver's condition more closely. Deferred maintenance invites deeper inspection.
Here is what you can do before the wheels roll:
- Fix every lamp before departure. With 393.9 and 393.11 appearing in hundreds of the same inspections, a burned-out marker light or headlamp is the most common trigger that puts an inspector's attention on you personally.
- Check your windshield. Our data shows 393.78 (Windshield condition defective) co-occurred in 185 of the same inspections. A cracked or obstructed windshield is another visible defect that signals a poorly maintained truck — and a more scrutinizing inspection follows.
- Carry and mount your fire extinguisher. Code 393.95A co-occurred in 147 inspections alongside 392.2WC. It is a quick check that keeps an inspector from cataloging your cab.
- Verify your periodic inspection documentation. Code 396.17C (No proof of periodic inspection) appeared in 156 shared inspections. Have that paperwork accessible.
- Know your own limits before you start. The core of this citation is driver condition. If you are running a fever, have not slept, or are taking medication that causes drowsiness, the regulation gives an inspector the basis to cite you the moment you appear impaired. Freightliner (2,436 all-time citations), Kenworth (1,092), and Peterbilt (1,005) top the list of vehicle makes cited — these are the most common trucks on the road, so no platform is immune. The human factor is the variable you control.
- Tires and brakes matter too. Codes 393.75C and 393.45B2UV each appeared in over 125 shared inspections. A complete pre-trip that catches underinflated tires and brake hose issues reduces the chance an inspector finds enough defects to extend the encounter into a driver-condition evaluation.