§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 surfaces driver §392.2 speeding patterns by lane and by dispatcher, providing the §392.6 audit defense — corrective-action notes captured against the dispatch record, the schedule reviewed, the customer notified.