49 C.F.R. § 393.86

Rear impact guards and rear end protection

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(a)(1) General requirements for trailers and semitrailers manufactured on or after January 26, 1998. Each trailer and semitrailer with a gross vehicle weight rating of 4,536 kg (10,000 pounds) or more, and manufactured on or after January 26, 1998, must be equipped with a rear impact guard that meets the requirements of Federal Motor Vehicle Safety Standard No. 223 (49 CFR 571.223) in effect at the time the vehicle was manufactured. When the rear impact guard is installed on the trailer or semitrailer, the vehicle must, at a minimum, meet the requirements of FMVSS No. 224 (49 CFR 571.224) in effect at the time the vehicle was manufactured. The requirements of paragraph (a) of this section do not apply to pole trailers (as defined in § 390.5 of this chapter); pulpwood trailers, low chassis vehicles, special purpose vehicles, wheels back vehicles, and road construction controlled horizontal discharge trailers (as defined in § 393.5); and trailers towed in driveaway-towaway operations (as defined in § 390.5).

(2) Impact guard width. The outermost surfaces of the horizontal member of the guard must extend to within 100 mm (4 inches) of the side extremities of the vehicle. The outermost surface of the horizontal member shall not extend beyond the side extremity of the vehicle.

(3) Guard height. The vertical distance between the bottom edge of the horizontal member of the guard and the ground shall not exceed 560 mm (22 inches) at any point across the full width of the member. Guards with rounded corners may curve upward within 255 mm (10 inches) of the longitudinal vertical planes that are tangent to the side extremities of the vehicle.

(4) Guard rear surface. At any height 560 mm (22 inches) or more above the ground, the rearmost surface of the horizontal member of the guard must be within 305 mm (12 inches) of the rear extremity of the vehicle. This paragraph shall not be construed to prohibit the rear surface of the guard from extending beyond the rear extremity of the vehicle. Guards with rounded corners may curve forward within 255 mm (10 inches) of the side extremity.

(5) Cross-sectional vertical height. The horizontal member of each guard must have a cross sectional vertical height of at least 100 mm (3.94 inches) at any point across the guard width.

(6) [Reserved]

(b)(1) Requirements for motor vehicles manufactured after December 31, 1952 (except trailers or semitrailers manufactured on or after January 26, 1998). Each motor vehicle manufactured after December 31, 1952, (except truck tractors, pole trailers, pulpwood trailers, road construction controlled horizontal discharge trailers, or vehicles in driveaway-towaway operations) in which the vertical distance between the rear bottom edge of the body (or the chassis assembly if the chassis is the rearmost part of the vehicle) and the ground is greater than 76.2 cm (30 inches) when the motor vehicle is empty, shall be equipped with a rear impact guard(s). The rear impact guard(s) must be installed and maintained in such a manner that:

(i) The vertical distance between the bottom of the guard(s) and the ground does not exceed 76.2 cm (30 inches) when the motor vehicle is empty;

(ii) The maximum lateral distance between the closest points between guards, if more than one is used, does not exceed 61 cm (24 inches);

(iii) The outermost surfaces of the horizontal member of the guard are no more than 45.7 cm (18 inches) from each side extremity of the motor vehicle;

(iv) The impact guard(s) are no more than 61 cm (24 inches) forward of the rear extremity of the motor vehicle.

(2) Construction and attachment. The rear impact guard(s) must be substantially constructed and attached by means of bolts, welding, or other comparable means.

(3) Vehicle components and structures that may be used to satisfy the requirements of paragraph (b) of this section. Low chassis vehicles, special purpose vehicles, or wheels back vehicles constructed and maintained so that the body, chassis, or other parts of the vehicle provide the rear end protection comparable to impact guard(s) conforming to the requirements of paragraph (b)(1) of this section shall be considered to be in compliance with those requirements.

[64 FR 47708, Sept. 1, 1999, as amended at 67 FR 61824, Oct. 2, 2002; 86 FR 62111, Nov. 9, 2021; 91 FR 7877, Feb. 19, 2026]

Notes of Decisions

Cited in 14 cases (1 in the last 5 years), 1989–2024 · leading case: Hagan v. Gemstate Mfg., Inc., 982 P.2d 1108 (Or. 1999).

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Hagan v. Gemstate Mfg., Inc., 982 P.2d 1108 (Or. 1999). · cites it 36× “) At trial, plaintiff moved for a “Partial Directed Verdict,” arguing that, as a matter of law, the tiltbed trailer that defendant designed and manufactured did not comply with 49 CFR section 393.86, 2 a federal safety regulation that applies to the owner and operator of the…”

Worldwide Equip., Inc. v. Mullins, 11 S.W.3d 50 (Ky. Ct. App. 1999). · cites it 3× “The presence of the overhang triggered application of 49 C.F.R. § 393.86 , as adopted by Kentucky in 601 KAR 1:005 § 2(7).”

Quay v. Crawford, 788 So. 2d 76 (Miss. Ct. App. 2001). · cites it 2× “49 C.F.R. § 393.86 . These "rear impact guard(s) must be substantially constructed and attached by means of bolts, welding or other comparable means.”

Beattie v. Lindelof, 633 N.E.2d 1227 (Ill. App. Ct. 1994). · cites it 2× “( 49 C.F.R. § 393.86 (e) (1992).) She asserted that such defect was created by either: defendant Fruehauf Corporation and Fruehauf Trailer Sales (collectively Fruehauf), the manufacturer and original seller; Lenertz, the original purchaser in 1979; Allstate, who purchased it…”

Garcia v. Rivera, 160 A.D.2d 274 (N.Y. App. Div. 1990). “The IAS court, insofar as the strict liability claim and the related negligence claim were concerned, denied the motion, despite the undisputed fact that the subject ICC bumper was located 28 to 39 inches above ground level, and complied in all respects with the applicable…”

Murray v. Briggs, 569 So. 2d 476 (Fla. 3d DCA 1990). · cites it 2× “[2] Among these safety regulations is 49 C.F.R. § 393.86 , entitled "Rear End Protection", which provides that a regulated motor vehicle whose body or chassis assembly is more than 30 inches from the ground has to be provided with a "substantially constructed and firmly…”

Rapp v. Singh, 152 F. Supp. 2d 694 (E.D. Pa. 2001). “49 C.F.R. 393.86 (1997). The guard also had to be "substantially constructed” and "firmly attached.”

Hagan v. Gemstate Mfg., Inc., 939 P.2d 141 (Or. Ct. App. 1997). “” The focus of the dispute between the parties is the provision of the Federal Motor Carrier Safety Regulations *195 codified at 49 CFR § 393.86 (the rule). It provides, in material part: “Every motor vehicle, except truck-tractors, pole trailers, and vehicles engaged in…”

Mottu v. Navistar Int'l Transp. Corp., 804 S.W.2d 144 (Tex. App. 1990). “Federal Motor Carrier Safety Regulation, 49 C.F.R. § 393.86 (1973). 2 . "Person” is defined as any individual, firm copartnership, corporation, company, association, or joint-stock association including any trustee, receiver, assignee, or personal representative thereof.”

Stewart v. NationaLease of Kansas City, Inc., 920 F. Supp. 1188 (D. Kan. 1996). · cites it 2× “Plaintiff cites 49 C.F.R. § 393.86 , entitled “Rear End Protection”, and does not explain how it applies to his case (Doc.”

Garcia v. Rivera, 143 Misc. 2d 788 (N.Y. Sup. Ct. 1989). · cites it 7× “Fruehauf alleges that the specifications of this bumper, which is called an "ICC bumper”, comply in all respects with the pertinent Federal design regulation, 49 CFR 393.86, a provision of the Federal Motor Carrier Safety Regulations (FMCSR).”

Karney v. Leonard Transp. Corp., 561 F. Supp. 2d 260 (D. Conn. 2008). · cites it 2× “If, as defendants concur, ICC bumpers are designed to reduce the severity of foreseeable rear end impacts, then it follows that the burden of reducing the severity of an injury must fall on the party who incurs the least cost in avoiding such injury.”

Show all 14 citing cases →

— 49 C.F.R. § 393.86(a) — 1 case

Hagan v. Gemstate Mfg., Inc., 982 P.2d 1108 (Or. 1999). “) At trial, plaintiff moved for a “Partial Directed Verdict,” arguing that, as a matter of law, the tiltbed trailer that defendant designed and manufactured did not comply with 49 CFR section 393.86, 2 a federal safety regulation that applies to the owner and operator of the…”

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