What 392.67-D means in plain language
FMCSR 392.67-D prohibits drivers from operating a commercial motor vehicle while an open flame heater is actively burning inside the cab. This regulation exists because an active open flame in a moving vehicle creates immediate hazards: the risk of burns to the driver or passengers, the potential for fuel spillage or leaks to ignite, and the distraction or physical instability caused by managing an active heat source while driving.
An "open flame heater" typically refers to devices that use direct combustion—such as certain portable gas heaters, diesel-fueled heating units, or other systems that produce an exposed or unshielded flame. The violation is issued when an inspector observes the heater actively burning during vehicle operation, not simply the presence of the heater itself.
If you were cited for this violation, it means an inspector documented that your vehicle's heater was actively burning at the time of inspection while the vehicle was in operation or capable of immediate operation.
What our enforcement data actually shows
Across our 13 million+ inspection records, 392.67-D is extremely rare. We have recorded 2 citations all-time and 1 citation in the last 12 months. In the last 90 days, we have documented 0 citations. The code ranks #2651 of 3,036 FMCSR codes by citation volume.
When citations for 392.67-D are issued, they carry a 0.0% out-of-service rate—meaning no vehicle has been placed out of service for this violation in our dataset. For context, the all-FMCSR average out-of-service rate is 31.4%, so 392.67-D falls well below the typical enforcement threshold that triggers roadside removal from service.
The rarity of this citation suggests either strict driver compliance or limited inspector focus on this specific violation. Either way, if you received one, you are part of a very small group.
Who gets cited most
Our enforcement data shows that in the last 180 days, Ohio has documented 1 citation for 392.67-D, with a 0.0% out-of-service rate. The limited volume makes state-by-state comparison unreliable; this citation is not geographically concentrated.
Historically, our data shows fleets such as Kreher Enterprises LLC and RCV Transport LLC each with 1 citation apiece for this code. Neither fleet's history indicates a pattern of violations; these are isolated incidents across two different carriers.
How severe is this compared to similar codes
392.67-D falls within the Unsafe Driving category alongside codes like 392.2 (Operating a CMV while ill or fatigued), which carries 1,208,164 all-time citations and a 0.8% out-of-service rate. Other peer codes in the same category include 392.2-SLLSR with 191,232 citations and a 0.1% OOS rate, and 392.2RG with 96,652 citations and a 0.1% OOS rate.
The contrast is stark: those codes generate tens of thousands to over one million citations. 392.67-D's 2 all-time citations place it in the lowest tier of enforcement volume within its category. This suggests that while the regulation is on the books, it is not a common focus of roadside inspection operations.
How to avoid it
-
Pre-trip inspection: Visually verify that any cabin heating equipment is intact and properly installed. Ensure hoses, fuel lines, and burner assemblies show no leaks, cracks, or visible corrosion.
-
Turn off open flame heaters before driving: If your vehicle is equipped with a portable or active-flame heating unit, shut it down completely before moving the vehicle. Do not operate the heater while in motion or while the engine is running.
-
Use only approved heating systems: Rely on the vehicle's manufacturer-designed heating system (engine-block heater, cab heater that draws from the main fuel system) rather than aftermarket open-flame devices, especially in cold weather.
-
Know what's in your cab: If you inherit a vehicle or operate in cold climates where unauthorized heating devices might be installed, inspect the cab before your first run. Confirm with your carrier's maintenance department that any heating equipment is compliant.
-
Document your heater's condition: If your vehicle has an older or unfamiliar heating setup, photograph it or ask your dispatcher to clarify its status. A clear understanding prevents misunderstandings at the scale house.