§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
Roadworthy HQ logs every roadside finding, links it to the driver record, runs the §391.25 annual-review reminder, and stores the inspection report in the audit binder. The 24-month SMS countdown lets you time corrective action against the window FMCSA actually scores.