(a) The elements of this section constitute offenses that are less serious than reckless driving. The offense of reckless driving is defined by State law and violations are prosecuted pursuant to the provisions of section 4.2 of this chapter.
(b) The following are prohibited:
(1) Operating a motor vehicle without due care or at a speed greater than that which is reasonable and prudent considering wildlife, traffic, weather, road and light conditions and road character.
(2) Operating a motor vehicle in a manner which unnecessarily causes its tires to squeal, skid or break free of the road surface.
(3) Failing to maintain that degree of control of a motor vehicle necessary to avoid danger to persons, property or wildlife.
(4) Operating a motor vehicle while allowing a person to ride:
(i) On or within any vehicle, trailer or other mode of conveyance towed behind the motor vehicle unless specifically designed for carrying passengers while being towed; or
(ii) On any exterior portion of the motor vehicle not designed or intended for the use of a passenger. This restriction does not apply to a person seated on the floor of a truck bed equipped with sides, unless prohibited by State law.
Notes of Decisions
Cited in
21
cases (
1 in the last 5 years), 1989–2025 · leading case:
United States v. Davis, 261 F. Supp. 2d 343 (D. Maryland 2003).
United States v. Davis, 261 F. Supp. 2d 343 (D. Maryland 2003).
· cites it 4× “23(a)(1), Unsafe Operation in violation of 36 C.F.R. 4.22, and Failure to Report Damage of Property to the Motor Vehicle Administration in violation of 36 C.”
United States v. Washington, 498 F.3d 225 (4th Cir. 2007).
“23 (a)(1), and of unsafe operation of a vehicle, in violation of 36 C.F.R. § 4.22 . At trial, the government offered, over Washington’s objection, the expert testimony of Dr.”
United States v. Lambert, 594 F. Supp. 2d 676 (W.D. Va. 2009).
· cites it 3× “Lambert, pleaded guilty to the following five offenses before a magistrate judge of this court: (1) failure to maintain control of a motor vehicle, 36 C.F.R. § 4.22 (b)(3) (2008); (2) driving with a blood alcohol content between .”
In re: Carlos Brown, 932 F.3d 162 (4th Cir. 2019).
“The parties proceeded to a plea hearing, 3 during which the court conducted a plea colloquy and accepted Boone's guilty plea.”
United States v. Ryan, 729 F. Supp. 2d 479 (D. Mass. 2010).
· cites it 2× “PROCEDURAL BACKGROUND Violation Numbers 0701746, 0701747 and 0701748 respectively charging defendant with unsafe operation ( 36 C.F.R. § 4.22 (b)(1)), operating under the influence ( 36 C.”
United States v. Darden, 656 F. Supp. 2d 560 (D. Maryland 2009).
“Defendant, Clark Darden, was charged with unsafe operation of a vehicle in violation of 36 C.F.R. § 4.22 (b)(1) and operating a motor vehicle while the alcohol concentration in his blood was .”
Cameron Reed v. United States, 734 F.3d 881 (9th Cir. 2013).
“23 (a)(1) (Count One), unsafe operation in violation of 36 C.F.R. § 4.22 (b)(1) (Count Two), possession of a controlled substance in violation of 36 C.”
United States v. Pelletier, 105 F. App'x 216 (9th Cir. 2004).
“23 (a)(2), and unsafe operation in violation of 36 C.F.R. § 4.22 (b)(1). Pelletier contended that all three counts should merge for sentencing purposes because they derived from a single act of driving.”
United States v. Reed, 878 F. Supp. 2d 1199 (D. Nev. 2012).
“23 (a)(1) (Count One), unsafe operation in violation of 36 C.F.R. § 4.22 (b)(1) (Count Two), possession of a controlled substance in violation of 36 C.”
United States v. Keyes, 675 F. Supp. 2d 984 (D. Ariz. 2009).
· cites it 5× “On June 8, 2009, Defendant was charged, inter alia, with violating 36 C.F.R. § 4.22 (b)(1), unsafe operation of a motor vehicle.”
United States v. Lasayfies E. Wilson, 711 F. App'x 706 (4th Cir. 2017).
· cites it 2× “23 (a)(1), and one count of operating a motor vehicle without due care, in violation of 36 C.F.R. § 4.22 (b)(1). On appeal, Wilson argues that the evidence presented at trial failed to support these convictions.”
— 36 C.F.R. § 4.22(b)(3) — 1 case
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