Violation codeUnsafe Driving

§392.2Y

Failure to yield right of way

49 CFR §392.2

Citations for failure to yield right-of-way (left turn, merge, pedestrian, emergency vehicle) under state law. Severity weight 5 in the Unsafe Driving BASIC.

At a glance

Severity
5
OOS eligible
No
BASIC category
Unsafe Driving
Typical fine
$75–$500 plus state schedule

§392.2 binds CMV drivers to state traffic law. "Failure to yield right of way" is the FMCSA code (392.2Y) for citations under each state's yielding statutes — uncontrolled intersections, left turns across oncoming traffic, merging onto controlled-access highways, yielding to pedestrians in marked crosswalks, and yielding to emergency vehicles displaying lights and siren.

Severity weight

Severity weight 5. The Unsafe Driving BASIC counts moving-violation citations on a 24-month rolling, time-weighted basis. Small-fleet carriers (1–10 trucks) have particularly little mileage to dilute weighted points, so a single 392.2Y finding can affect the BASIC percentile.

How to prevent it

  • Cover right-of-way rules in driver orientation and refresher training, with special focus on the highest-frequency situations: uncontrolled intersections, protected-vs-permissive left turns, and emergency-vehicle yielding.
  • Investigate every "minor" rear-end or sideswipe in your accident register — many of these trace to a yield failure on the CMV side, and 392.2Y can follow days later if the report sticks.
  • Track the driver's prior citations during the §391.25 annual review and adjust coaching accordingly.

How Roadworthy HQ helps

A failure-to-yield citation lands on the driver. Roadworthy HQ does not record individual violation codes, pull CSA or SMS scores, or track coaching. What it keeps is the driver file an auditor opens next: the annual MVR and the §391.25 annual review, each with reminders 60, 30, and 7 days out, and the qualification-file documents with their retention periods enforced. If the citation came from a roadside inspection, log that inspection on the vehicle (date, state, level, driver, number of violations, out-of-service or not).

Related violations

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Not legal advice · CFR is the authoritative source · SMS Appendix A publishes current severity weights