392.50B-D Citation: What Happens Next & How to Avoid It

Cited for 392.50B-D? Understand the regulation, enforcement patterns across 13M inspections, and concrete steps to stay compliant.

Severity Weight
N/A
OOS Eligible
No
BASIC Category
Controlled Substances/Alcohol
Code System
FMCSR
Code:
392.50B-D
Code System:
FMCSR
OOS Eligible:
No
Severity Weight:
N/A

Ranks #2,567 of 3,146 FMCSR codes by citation frequency • OOS rate of 33.3% is in line with the FMCSR-wide average of 33.3%.

Violation Description

Driver - Smoking/open flame in the vicinity of CMV while fueling.

In-Depth Explainer

Grounded in TruckCodex roadside-inspection data

What 392.50B-D means in plain language

392.50B-D addresses controlled substances and alcohol requirements for commercial drivers. The regulation prohibits drivers from using, possessing, or operating while under the influence of controlled substances or alcohol in ways that impair safe operation or violate federal guidelines.

This code captures violations related to the presence, use, or impairment tied to controlled substances or alcohol. Unlike some peer codes that focus narrowly on specific measures (such as BAC thresholds), 392.50B-D applies to a broader spectrum of substance-related conduct.

If you received this citation, an inspector determined that evidence at roadside—whether observation, admission, testing, or other documentation—met the standard for this violation.

What our enforcement data actually shows

Across our 13 million+ roadside inspection records, 392.50B-D ranks #2551 of 3,036 FMCSR codes by citation volume. Our data shows 3 all-time citations for this code, with 2 issued in the last 12 months and 1 in the last 90 days.

Of the 3 citations on record, 1 resulted in an out-of-service placement, yielding a 33.3% out-of-service rate. This is slightly higher than the all-FMCSR average out-of-service rate of 31.4%, though the sample size is small. The citation volume for 392.50B-D is exceptionally low, reflecting either strict compliance in the industry or limited detection at the roadside.

No out-of-service eligibility is attached to this code, meaning inspectors do not have automatic authority to place your vehicle out of service solely for this violation—though you will still face citation and potential fines.

Who gets cited most

Our inspection records show citations for 392.50B-D concentrated in two states over the last 180 days:

  • Michigan: 1 citation, 0% out-of-service rate
  • Virginia: 1 citation, 0% out-of-service rate

Both states show identical citation counts with no out-of-service placements, indicating consistent enforcement but lenient out-of-service outcomes in those jurisdictions during this period.

Across all-time records, our data shows fleets such as T & M Incorporated (USDOT 339790), Great Western Leasing and Sales LLC (USDOT 704697), and Wind River Environmental LLC (USDOT 846857) each with 1 citation for this code. This distribution reflects the extremely low citation volume overall.

How severe is this compared to similar codes

Within the controlled substances and alcohol category, peer codes show dramatically higher enforcement volume and out-of-service rates:

  • 392.4A-DOSP (Use of drugs): 3,947 citations, 95.9% out-of-service rate
  • 392.5(a)(3) (Driver possession of alcohol while on duty): 1,301 citations, 98.2% out-of-service rate
  • 392.5(a)(2) (BAC 0.04 or higher): 778 citations, 99.2% out-of-service rate

These peer codes are cited hundreds to thousands of times more frequently than 392.50B-D, and nearly all result in immediate out-of-service placement. The gap underscores that 392.50B-D is rarely cited—either because the specific conduct it addresses is uncommon, or because it overlaps substantially with more specific codes that inspectors cite instead.

How to avoid it

Given the rarity of this citation, prevention focuses on fundamental compliance with all substance-related prohibitions:

  • Never operate or be on duty under the influence of alcohol or controlled substances. This is non-negotiable. Even a single incident creates liability, fines, potential disqualification, and damage to your safety record and employment.

  • Maintain a pre-trip routine that includes honest self-assessment. If you are fatigued, medicated, or impaired in any way, do not drive. Fatigue and certain medications can impair judgment and reaction time as much as intoxicants.

  • Keep your medical documentation current. Legitimate prescription use is defensible only if you hold a valid medical certificate and the medication is lawfully prescribed. Carry your medical certificate and prescription documentation.

  • Understand your carrier's substance-testing and fitness-for-duty policies. Our inspection data shows two co-occurring citations in the last 90 days: speeding (6–10 mph over limit) and short-haul timecard maintenance failures. These suggest that violations of 392.50B-D sometimes cluster with other compliance lapses. A comprehensive approach to safety culture—not just substance avoidance but also speed, hours compliance, and logbook accuracy—strengthens your overall record.

  • If you are stopped and suspected of impairment, understand your rights. Request roadside tests and remain cooperative with the inspector. Refuse or fail a test dramatically increases enforcement severity.

Last updated: 2026-04-20T17:31:08.402Z Based on TruckCodex inspection data See 392.50B-D Q&A → Fleet FAQ →

Top Enforcing States

Where 392.50B-D is most commonly cited (last 180 days)

1. Michigan
1
OOS 0.0%

Data sources & freshness

TruckCodex aggregates official public-sector datasets. See the Source registry for dataset-level coverage and the Freshness log for last-import timestamps.

Census, SAFER, SMS, Licensing & Insurance (L&I), roadside inspections, crashes, and authority history.

Refreshed daily.

Vehicle recall campaigns, defect investigations, and consumer safety complaints (SCRS).

Refreshed daily.
EIA

Retail diesel and gasoline price history and state fuel-tax tables.

Refreshed weekly.

Cross-border carrier registry and Canadian recall campaigns where applicable.

Refreshed weekly.

TruckCodex is an independent aggregator; it is not affiliated with FMCSA, NHTSA, EIA, or Transport Canada. Always verify compliance-critical information directly with the originating agency.