[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR392.22]



[Page 356-357]

 

                        TITLE 49--TRANSPORTATION

 

        CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION,

                      DEPARTMENT OF TRANSPORTATION

 

PART 392_DRIVING OF COMMERCIAL MOTOR VEHICLES--Table of Contents

 

               Subpart C_Stopped Commercial Motor Vehicles

 

Sec.  392.22  Emergency signals; stopped commercial motor vehicles.



    (a) Hazard warning signal flashers. Whenever a commercial motor 

vehicle is stopped upon the traveled portion of a highway or the 

shoulder of a highway for any cause other than necessary traffic stops, 

the driver of the stopped commercial motor vehicle shall immediately 

activate the vehicular hazard warning signal flashers and continue the 

flashing until the driver places the warning devices required by 

paragraph (b) of this section. The flashing signals shall be used during 

the time the warning devices are picked up for storage before movement 

of the commercial motor vehicle. The flashing lights may be used at 

other times while a commercial motor vehicle is stopped in addition to, 

but not in lieu of, the warning devices required by paragraph (b) of 

this section.

    (b) Placement of warning devices--(1) General rule. Except as 

provided in paragraph (b)(2) of this section, whenever a commercial 

motor vehicle is stopped upon the traveled portion or the shoulder of a 

highway for any cause other than necessary traffic stops, the driver 

shall, as soon as possible, but in any event within 10 minutes, place 

the warning devices required by Sec.  393.95 of this subchapter, in the 

following manner:

    (i) One on the traffic side of and 4 paces (approximately 3 meters 

or 10 feet) from the stopped commercial motor vehicle in the direction 

of approaching traffic;

    (ii) One at 40 paces (approximately 30 meters or 100 feet) from the 

stopped commercial motor vehicle in the center of the traffic lane or 

shoulder occupied by the commercial motor vehicle and in the direction 

of approaching traffic; and

    (iii) One at 40 paces (approximately 30 meters or 100 feet) from the 

stopped commercial motor vehicle in the center of the traffic lane or 

shoulder occupied by the commercial motor vehicle



[[Page 357]]



and in the direction away from approaching traffic.

    (2) Special rules--(i) Fusees and liquid-burning flares. The driver 

of a commercial motor vehicle equipped with only fusees or liquid-

burning flares shall place a lighted fusee or liquid-burning flare at 

each of the locations specified in paragraph (b)(1) of this section. 

There shall be at least one lighted fusee or liquid-burning flare at 

each of the prescribed locations, as long as the commercial motor 

vehicle is stopped. Before the stopped commercial motor vehicle is 

moved, the driver shall extinguish and remove each fusee or liquid-

burning flare.

    (ii) Daylight hours. Except as provided in paragraph (b)(2)(iii) of 

this section, during the period lighted lamps are not required, three 

bidirectional reflective triangles, or three lighted fusees or liquid-

burning flares shall be placed as specified in paragraph (b)(1) of this 

section within a time of 10 minutes. In the event the driver elects to 

use only fusees or liquid-burning flares in lieu of bidirectional 

reflective triangles or red flags, the driver must ensure that at least 

one fusee or liquid-burning flare remains lighted at each of the 

prescribed locations as long as the commercial motor vehicle is stopped 

or parked.

    (iii) Business or residential districts. The placement of warning 

devices is not required within the business or residential district of a 

municipality, except during the time lighted lamps are required and when 

street or highway lighting is insufficient to make a commercial motor 

vehicle clearly discernable at a distance of 500 feet to persons on the 

highway.

    (iv) Hills, curves, and obstructions. If a commercial motor vehicle 

is stopped within 500 feet of a curve, crest of a hill, or other 

obstruction to view, the driver shall place the warning signal required 

by paragraph (b)(1) of this section in the direction of the obstruction 

to view a distance of 100 feet to 500 feet from the stopped commercial 

motor vehicle so as to afford ample warning to other users of the 

highway.

    (v) Divided or one-way roads. If a commercial motor vehicle is 

stopped upon the traveled portion or the shoulder of a divided or one-

way highway, the driver shall place the warning devices required by 

paragraph (b)(1) of this section, one warning device at a distance of 

200 feet and one warning device at a distance of 100 feet in a direction 

toward approaching traffic in the center of the lane or shoulder 

occupied by the commercial motor vehicle. He/she shall place one warning 

device at the traffic side of the commercial motor vehicle within 10 

feet of the rear of the commercial motor vehicle.

    (vi) Leaking, flammable material. If gasoline or any other flammable 

liquid, or combustible liquid or gas seeps or leaks from a fuel 

container or a commercial motor vehicle stopped upon a highway, no 

emergency warning signal producing a flame shall be lighted or placed 

except at such a distance from any such liquid or gas as will assure the 

prevention of a fire or explosion.



[37 FR 17175, Aug. 25, 1972, as amended at 40 FR 10685, Mar. 7, 1975; 47 

FR 47837, Oct. 28, 1982; 48 FR 57139, Dec. 23, 1983; 59 FR 34711, July 

6, 1994; 60 FR 38747, July 28, 1995; 63 FR 33279, June 18, 1998]