Violation codeUnsafe Driving

§392.6

Schedules conforming to speed limits

49 CFR §392.6

Carriers may not schedule a run that requires the driver to exceed posted speed limits. A carrier-side violation that pairs with driver speeding citations in the Unsafe Driving BASIC.

At a glance

Severity
5
OOS eligible
No
BASIC category
Unsafe Driving
Typical fine
Up to $19,246 (carrier); pattern findings flow into §385.321 audit risk

§392.6 is short: no motor carrier shall schedule a run, nor permit nor require the operation of any commercial motor vehicle between points in such period of time as would necessitate the CMV being operated at speeds greater than those prescribed by jurisdictions where the CMV is being operated. Read together with §390.13 (aiding and abetting), it is the FMCSA's lever against dispatch-driven speeding.

How investigators apply it

§392.6 is most often cited during compliance reviews, not roadside. An auditor will compare scheduled appearance times against the route distance and lawful speed limits — if the math requires more than the posted limit, the schedule is the citation. Repeated driver §392.2 speeding citations on the same lane are corroborating evidence.

Severity weight

Severity weight 5 in the Unsafe Driving BASIC. Pattern findings (multiple loads, multiple drivers, the same route) escalate to a §385.321(b) audit concern even where individual instances are unremarkable.

How to prevent it

  • Compute the lawful transit time before quoting an appointment — distance ÷ posted limit, plus mandatory §395 break time.
  • When a customer requires an unrealistic appointment, decline or renegotiate in writing. Verbal acceptance plus a §392.2 cite produces the §392.6 finding.
  • Track recurrent driver §392.2 cites on the same lane — they are the leading indicator that the schedule is the problem.

How Roadworthy HQ helps

Roadworthy HQ has no dispatch or scheduling records, so it cannot show how a run was planned. 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