What 392.62(a) means in plain language
392.62(a) addresses unsafe driving behavior in commercial motor vehicles. The regulation requires drivers to operate their vehicles in a safe manner, maintaining control and avoiding actions that create hazards on the road.
In practical terms, this code captures driving that an inspector observes as reckless, inattentive, or otherwise dangerous—beyond the specific violations covered by other unsafe driving codes. It's a catch-all for driving conduct that puts the vehicle, cargo, or other road users at risk.
What our enforcement data actually shows
Our inspection records show 392.62(a) is exceptionally rare. Across our database of 13 million+ roadside inspections, this code has generated only 1 citation in all-time records, with 0 citations in the last 12 months and 0 in the last 90 days.
That single citation was not placed out of service, resulting in a 0.0% out-of-service rate for this code. By comparison, the all-FMCSR average out-of-service rate is 31.4%, meaning 392.62(a) enforcement is extraordinarily uncommon and rarely escalates to vehicle removal from service.
Nationally, 392.62(a) ranks #2796 out of 3,036 FMCSR codes by citation volume, placing it in the lowest tier of enforcement activity. This extremely low frequency suggests that inspectors rarely cite this code and instead rely on more specific unsafe driving violations to document problematic behavior.
Who gets cited most
In our database, the only carrier on record with a 392.62(a) citation is ONTARIO INC (USDOT 1137120), which has 1 citation. The rarity of this citation across our 13 million inspection records means meaningful state or carrier patterns cannot be established from current data.
How severe is this compared to similar codes
Within the Unsafe Driving category, 392.62(a) enforcement is minimal compared to related codes. For example:
- 392.2 (Operating a CMV while ill or fatigued) has generated 1,208,164 citations with a 0.8% out-of-service rate, making it one of the most frequently cited unsafe driving violations.
- 392.2-SLLSR (the same violation under a different inspection standard) accounts for 191,232 citations at a 0.1% out-of-service rate.
- 392.2-SLLEQP (Operating a CMV while ill or fatigued) shows 72,352 citations with a 2.4% out-of-service rate, which is higher than 392.62(a)'s rate.
The stark difference in citation volume—1 for 392.62(a) versus hundreds of thousands for 392.2 variants—reflects inspector preference for more specific unsafe driving codes that clearly document the nature of the violation.
How to avoid it
Because 392.62(a) is so rarely cited, there is no detectable co-occurring violation pattern in our data. However, the underlying regulation focuses on safe vehicle operation and control. To avoid this citation:
- Maintain focus on the road. Avoid distractions such as phones, eating, or adjusting controls while moving. Inspectors observing inattentive driving may cite unsafe conduct.
- Obey speed limits and road conditions. Adjust your speed for weather, traffic, and road surface. Excessive speed for conditions is a hallmark of unsafe driving.
- Keep both hands on the wheel during normal driving. Erratic steering or one-handed operation signals loss of control and can trigger a citation.
- Plan lane changes deliberately. Signal early, check mirrors, and execute smooth transitions. Abrupt, sudden, or unsafe lane changes are red flags.
- Stay within your lane except when passing. Drifting or weaving suggests fatigue or impairment and will draw inspector attention.
- Perform a thorough pre-trip vehicle inspection. Ensure brakes, steering, and tires are in sound condition so you maintain full control during operation.
- If you feel fatigued or unwell, use a rest area or roadside pullout. Do not continue driving if you are drowsy, medicated, or ill—this directly violates 392.2 and creates the conditions that might trigger a 392.62(a) citation.
The extremely low citation rate for 392.62(a) suggests that inspectors document unsafe driving through more specific codes whenever possible. Your best defense is consistent, attentive, controlled driving that leaves no room for an inspector to question your judgment or skill.