Violation code392.22

§392.22

Failing to use emergency warning devices when stopped

49 CFR §392.22

At a glance

Severity
2
OOS eligible
No
BASIC category
Unsafe Driving
Typical fine
$100

When a CMV is stopped on the traveled portion or shoulder of a highway for any reason other than necessary traffic stops, the driver must place warning devices (triangles or flares) per the §392.22 timing and placement rules.

Under §392.22, whenever a CMV is stopped on the traveled portion or shoulder of a highway for a reason other than necessary traffic stops, the driver must place warning devices in front of and behind the vehicle within ten minutes of stopping. The placement specifications vary by road type — divided highway, undivided two-lane, or curved/hilly road.

Required equipment

Every CMV must carry warning devices per §393.95 — typically three bidirectional reflective triangles, or three liquid-burning flares plus a fusee. Battery-powered emergency warning lamps may also be acceptable in certain configurations.

Common citation patterns

  • Stopped for a flat tire, no triangles deployed.
  • Triangles deployed but at the wrong distances (the §392.22(b) tables are specific to road type).
  • Triangles set out only behind the vehicle, not in front.

How to prevent it

  • Pre-trip inspection: confirm warning devices are present, complete, and accessible — not buried under cargo or in a locked toolbox.
  • Brief drivers on the §392.22(b) placement diagrams. The specifics matter to inspectors.
  • After every breakdown event, log the response — including warning device deployment — in your incident record.

How Roadworthy HQ helps

Roadside inspection findings under §392.22 link to the vehicle in Roadworthy HQ, prompting an equipment check and corrective action note. The audit binder export includes the chain of action you took after the violation — what an auditor wants to see.

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Roadside findings link to the driver and vehicle, with corrective action documented and surfaced in the audit binder.

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