What 392.2Y means in plain language
FMCSR 392.2Y prohibits you from operating a commercial motor vehicle if your ability to drive safely is compromised by fatigue, illness, or any other condition that impairs your alertness or judgment. The regulation doesn't require you to be completely incapacitated—it focuses on whether your condition makes it unsafe for you to start or continue driving.
This is a judgment call made by roadside inspectors based on observable signs: heavy eyelids, slow speech, confusion, inability to follow instructions, or statements you make about feeling unwell. An inspector may cite you if they observe behavior or hear statements indicating you're too tired or sick to operate safely.
The citation isn't automatically an out-of-service order. You may have been allowed to proceed after the citation was issued, or you may have been removed from the road depending on the severity of the impairment the inspector documented.
What our enforcement data actually shows
Across our 13 million+ roadside inspection records, we have documented 777 all-time citations for 392.2Y, with 464 citations issued in the last 12 months and 88 in the last 90 days. This code ranks #784 out of 3,036 FMCSR codes by citation volume—relatively uncommon compared to more frequently cited violations.
Out-of-service placement is rare for this code. Of the 777 all-time citations, only 2 resulted in out-of-service orders, yielding a 0.3% OOS rate. This stands in sharp contrast to the all-FMCSR average OOS rate of 31.4%, meaning drivers cited for 392.2Y are far less likely to be pulled off the road immediately compared to citations in other FMCSR categories.
The trend over the last 12 months shows steady enforcement pressure, with monthly citation counts fluctuating between 23 and 52. July 2025 saw the highest monthly volume at 52 citations, while April 2026 recorded only 1 citation (likely reflecting a partial month). Out-of-service orders remain sporadic, with only 2 instances across the entire year.
Who gets cited most
Our inspection records show geographic concentration in three states over the last 180 days. Illinois leads by a significant margin with 109 citations and 1 out-of-service placement (0.9% OOS rate). Texas follows with 45 citations and 0 OOS placements (0.0% rate), and Iowa rounds out the top three with 40 citations and 0 OOS placements (0.0% rate). The variation in OOS rates across these states is minimal—all remain well below the national all-FMCSR average—suggesting that 392.2Y enforcement is consistent regardless of geography.
Across our database, our data shows fleets such as Federal Express Corporation with 6 all-time citations and Schneider National Carriers Inc with 5 citations. These numbers reflect the broader pattern: 392.2Y citations are distributed widely across the trucking industry and are not concentrated in any single carrier's fleet, indicating that fatigue and illness enforcement touches virtually all carriers.
How severe is this compared to similar codes
392.2Y belongs to a family of codes addressing impaired driving. The parent code 392.2 (Operating a CMV while ill or fatigued, general) has generated 1,208,164 citations across our database with a 0.8% OOS rate—far higher citation volume than the specific 392.2Y variant, but a similarly low out-of-service frequency. Another related variant, 392.2RG, shows 96,652 citations with a 0.1% OOS rate, nearly identical to 392.2Y's enforcement posture.
Compared to these peer codes, 392.2Y sits in the middle of the pack by citation frequency but maintains the pattern that fatigue and illness violations rarely trigger immediate removal from service. The low OOS rates across all fatigue-related codes suggest that roadside inspectors focus on documenting the violation rather than making emergency vehicle-removal decisions, likely because the impairment can be addressed by rest rather than requiring vehicle repair.
How to avoid it
Prevention starts before you begin your shift and continues throughout your driving day:
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Know your sleep and health status before starting your shift. If you slept fewer than 6 hours, are running a fever, have taken medications that cause drowsiness, or are recovering from illness, disclose this to your dispatcher or fleet safety team. Many fleets will assign a fresh driver rather than risk a roadside citation.
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Conduct an honest pre-trip assessment. Before leaving, perform a brief self-check: Can you focus your eyes clearly? Are your movements coordinated? Can you speak clearly? If you notice any signs of impairment, report it immediately and do not drive.
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Address vehicle maintenance issues that compound fatigue. Our inspection records show that 393.78 (windshield condition defects) co-occur with 392.2Y citations 9 times in the last 90 days, and 393.9 (inoperable required lamps) co-occur 8 times. Poor visibility and lighting force you to work harder and fatigue faster. Keep your windshield clean and ensure all lights function before each trip.
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Monitor emergency equipment condition. The co-occurrence of 393.95A (emergency equipment defects) with 392.2Y in 7 recent inspections suggests that vehicles with deferred maintenance may be involved in more fatigue-related stops. Confirm your fire extinguisher is present and accessible during pre-trip.
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Build in rest breaks. Federal regulations require log book compliance, but good practice goes beyond minimum legal requirements. If you feel your alertness slipping, pull over safely and rest. This is far better than risking a citation and a potential out-of-service order that disrupts your entire schedule.
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Track your hours and plan conservatively. Co-occurrence data shows 395.8A-ELD (failing to keep records of duty status) linked to 392.2Y citations in 5 recent inspections. Accurate RODS and ELD entries help you understand your actual fatigue level and plan rest accordingly.
If you were cited for 392.2Y, you now have a documented violation in your safety record. Fleet managers and dispatchers may view it as a red flag for your judgment or health. Respond by demonstrating that the incident was isolated: log your hours diligently, maintain your vehicle carefully, and commit to self-reporting any health or fatigue concerns before they become a roadside issue.