What 392.2WG means in plain language
This regulation targets a specific danger: a driver whose physical or mental condition has deteriorated to the point where continuing to operate a commercial motor vehicle creates an unsafe situation. That condition can stem from fatigue, illness, or any other factor that diminishes your ability to stay alert and in control. The rule applies whether you haven't started your trip yet or you're already rolling down the highway.
In practical terms, an officer who observes signs of impairment — slurred speech, glassy eyes, erratic lane keeping, an admission that you haven't slept, or visible physical distress — has grounds to write this citation. You don't have to be asleep at the wheel. The threshold is whether your condition makes it unsafe to continue, not whether you've actually caused an incident.
The CSA severity weight assigned to 392.2WG is 8, which places it among the more heavily weighted violations in the Unsafe Driving category. That score follows your Safety Measurement System (SMS) record and can affect carrier scores and driver PrePass/ISS results for up to 36 months.
What our enforcement data actually shows
Across our database of 13 million+ inspections, 392.2WG has accumulated 14,811 all-time citations, ranking it #172 out of 3,036 FMCSR codes by citation volume. That's a meaningful enforcement footprint — well inside the top 10% of all tracked codes.
The out-of-service picture is notably different from most violations. Our inspection records show that only 5 of those 14,811 citations resulted in an OOS order, producing a 0.0% OOS rate. To put that in context, the all-FMCSR average OOS rate across every code in our database is 31.4%. In other words, where the average violation leads to roughly one-in-three drivers being sidelined, 392.2WG almost never results in an immediate OOS order. That does not mean the citation is harmless — the CSA severity weight of 8 still hits your record hard — but in terms of your ability to continue your trip at the roadside, the data shows this violation rarely stops the truck.
Enforcement is accelerating. Our database shows 8,972 citations in the last 12 months and 1,653 in just the last 90 days. Looking at the monthly trend, citation counts have been consistently in the 600–900 range per month from mid-2025 through early 2026, with October 2025 reaching a peak of 948 citations. Enforcement appears stable at elevated levels, not declining.
Who gets cited most
Looking at the last 180 days, New York leads all states by a wide margin with 1,891 citations, followed by Florida at 388 and Alaska at 367. All three states recorded a 0.0% OOS rate on this code, consistent with the national picture — officers are writing the citation but almost universally allowing drivers to continue after the inspection is closed.
The OOS rate variation across the top states is not material; every state in our top-10 list sits at 0.0%, so geography doesn't appear to shift your odds of being placed out of service for this specific code.
At the carrier level, our data shows fleets such as BLACK GOLD TRANSPORT LLC (USDOT 4015161) with 219 all-time citations and MUNOZ TRUCKING CORP (USDOT 855861) with 133 all-time citations appearing at the top of citation counts. High citation totals at a carrier level can accelerate SMS score deterioration and increase the likelihood of targeted interventions from FMCSA.
On the equipment side, Kenworth leads cited vehicle makes with 3,425 all-time citations, followed by Peterbilt at 2,593 and Mack at 1,271. These are simply the most common heavy trucks on the road, so this reflects fleet composition as much as anything else — but if you're in one of those cabs, know that inspectors are writing this code across all major makes.
How severe is this compared to similar codes
The 392.2WG peer group sits inside a broad family of fatigue and impairment codes, and the volume differences are dramatic. The parent code 392.2 — also labeled as operating a CMV while ill or fatigued — has accumulated 1,208,164 citations with a 0.8% OOS rate, making it the dominant enforcement instrument in this category. Code 392.2-SLLSR carries 191,232 citations at a 0.1% OOS rate, and 392.2RG has 96,652 citations at a 0.1% OOS rate.
By comparison, 392.2WG's 14,811 all-time citations show it is a more targeted, less-frequently-used instrument than the broad parent code. However, its 0.0% OOS rate is consistent with the low end of this code family — 392.2-SLLEQP, for example, carries a 2.4% OOS rate, meaning a driver cited under that sub-code faces far higher odds of being parked. For 392.2WG, the primary risk isn't the roadside hold; it's the CSA weight-8 hit accumulating on your record.
How to avoid it
The co-occurring violation data from the last 90 days tells you what else inspectors are finding in the same inspections. Use that to build your pre-trip checklist:
- Don't start the trip tired. This sounds obvious, but 392.2WG citations almost always begin with an officer noticing behavioral signs before the vehicle is even fully stopped. If you know you're under-rested, the safest legal and personal move is to log it and wait.
- Keep your equipment clean. Code 396.17C-PI (no proof of periodic inspection) appeared in 184 shared inspections in the last 90 days. An inspector who finds a paperwork gap is far more likely to do a thorough Level 1 that surfaces driver-condition observations. Have your periodic inspection documentation accessible and current.
- Don't drive with inoperable lights. Code 393.9A-LIL (inoperable required lamps) appeared in 88 shared inspections. A burned-out lamp is what gets you stopped; once you're stopped, your condition gets evaluated. Fix lighting defects before departure.
- Verify your CDL is on your person. Code 383.23A2-LCDLN appeared in 93 shared inspections — operating without a valid CDL in possession. A CDL issue guarantees a prolonged inspection. Prolonged inspections create more opportunity for a fatigue observation to become a citation.
- Check your tires. Code 393.75G-TAOW (tires with weight exceeding load limit) appeared in 91 shared inspections. Overloaded tires are a Level 1 trigger. Same logic applies: the longer the inspection, the more an inspector watches your alertness and demeanor.
- Know the warning signs in yourself. Heavy eyelids, microsleeps, drifting within your lane, missing exits, or struggling to recall the last few miles are physical signals that an officer is also trained to detect. Pull over legally, rest, and document it in your log before an officer makes that decision for you.