49 C.F.R. § 393.95

Emergency equipment on all power units

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Each truck, truck tractor, and bus (except those towed in driveaway-towaway operations) must be equipped as follows:

(a) Fire extinguishers—(1) Minimum ratings. (i) A power unit that is used to transport hazardous materials in a quantity that requires placarding (See § 177.823 of this title) must be equipped with a fire extinguisher having an Underwriters' Laboratories rating of 10 B:C or more.

(ii) A power unit that is not used to transport hazardous materials must be equipped with either:

(A) A fire extinguisher having an Underwriters' Laboratories rating of 5 B:C or more; or

(B) Two fire extinguishers, each of which has an Underwriters' Laboratories rating of 4 B:C or more.

(2) Labeling and marking. Each fire extinguisher required by this section must be labeled or marked by the manufacturer with its Underwriters' Laboratories rating.

(3) Visual Indicators. The fire extinguisher must be designed, constructed, and maintained to permit visual determination of whether it is fully charged.

(4) Condition, location, and mounting. The fire extinguisher(s) must be filled and located so that it is readily accessible for use. The extinguisher(s) must be securely mounted to prevent sliding, rolling, or vertical movement relative to the motor vehicle.

(5) Extinguishing agents. The fire extinguisher must use an extinguishing agent that does not need protection from freezing. Extinguishing agents must comply with the toxicity provisions of the Environmental Protection Agency's Significant New Alternatives Policy (SNAP) regulations under 40 CFR Part 82, Subpart G.

(6) Exception. This paragraph (a) does not apply to the driven unit in a driveaway-towaway operation.

(b)-(e) [Reserved]

(f) Warning devices for stopped vehicles. Except as provided in paragraph (g) of this section, one of the following options must be used:

(1) Three bidirectional emergency reflective triangles that conform to the requirements of Federal Motor Vehicle Safety Standard No. 125, § 571.125 of this title; or

(2) At least 6 fusees. The vehicle must have as many additional fusees as are necessary to satisfy the requirements of § 392.22 of this chapter.

(3) Other warning devices may be used in addition to, but not in lieu of, the required warning devices, provided those warning devices do not decrease the effectiveness of the required warning devices.

(g) Restrictions on the use of flame-producing devices. Fusees or any other signal produced by a flame shall not be carried on any commercial motor vehicle transporting Division 1.1, 1.2, 1.3 (explosives) hazardous materials; any cargo tank motor vehicle used for the transportation of Division 2.1 (flammable gas) or Class 3 (flammable liquid) hazardous materials whether loaded or empty; or any commercial motor vehicle using compressed gas as a motor fuel.

(h)-(i) [Reserved]

(j) Requirements for fusees. Each fusee shall be capable of burning for 30 minutes. Fusees shall conform to the requirements of Underwriters Laboratories, Inc., UL No. 912, Highway Emergency Signals, Fourth Edition, July 30, 1979, (with an amendment dated November 9, 1981). (See § 393.7 for information on the incorporation by reference and availability of this document.) Each fusee shall be marked with the UL symbol in accordance with the requirements of UL 912.

(k) Requirements for red flags. Red flags shall be not less than 12 inches square, with standards adequate to maintain the flags in an upright position.

[33 FR 19735, Dec. 25, 1968, as amended at 35 FR 13019, Aug. 15, 1970; 35 FR 14619, Sept. 18, 1970; 37 FR 17176, Aug. 25, 1972; 40 FR 10685, Mar. 7, 1975; 41 FR 53031, Dec. 3, 1976; 47 FR 47837, Oct. 28, 1982; 59 FR 34712, July 6, 1994; 67 FR 61225, Sept. 27, 2002; 70 FR 48054, Aug. 15, 2005; 72 FR 44036, Aug. 7, 2007; 78 FR 58484, Sept. 24, 2013; 80 FR 59075, Oct. 1, 2015; 91 FR 7870, Feb. 19, 2026; 91 FR 7880, Feb. 19, 2026]

Notes of Decisions

Cited in 6 cases (3 in the last 5 years), 1978–2024 · leading case: Certain Underwriters At Lloyd's & Those Cos. Severally Subscribing to Boeing Policy No. Marcw150053 & Related Policies Governing the Cargo v. S. Pride Trucking, Inc., 301 F. Supp. 3d 949 (D. Neb. 2018).

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Certain Underwriters At Lloyd's & Those Cos. Severally Subscribing to Boeing Policy No. Marcw150053 & Related Policies Governing the Cargo v. S. Pride Trucking, Inc., 301 F. Supp. 3d 949 (D. Neb. 2018). · cites it 2× “8 , 49 CFR § 393.95 (f)(2) ; 49 CFR 393.95. Second, the regulation Road Star argues does apply, § 392.”

Hubler Rentals, Inc. v. Roadway Express, Inc., 459 F. Supp. 564 (D. Maryland 1978). “Under 49 C.F.R. § 393.95 (a)(3), the requirement of a 10 B:C fire extinguisher applied only to those trucks required to be marked and placarded as hazardous commodity carriers.”

Thurston v. Ballou, 505 N.E.2d 888 (Mass. App. Ct. 1987). “4 Under 49 C.F.R. § 393.95 (f) (1977), the driver was required to carry three emergency flares, or three electric emergency lanterns, or three red emergency reflectors, or three reflective triangles.”

State v. Ford (Kan. Ct. App. 2021). “43 ), and fire extinguishers ( 49 C.F.R. § 393.95 [a]). See K.A.R. 82-4-3g (adopting 49 C.”

Francisco Javier Garza, Jr. v. Fred Andrew Pullen, & Am. Midwest Transp. LLC (Tex. App. 2022). “22(b), which references 49 C.F.R. section 393.95, generally requires reflective triangles, fusees, or flares as warning devices.”

Joseph Carter v. C&S Canopy, Inc. & Ty Ballew (Miss. Ct. App. 2024). “49 C.F.R. § 393.95 (f)(1). 7 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.”

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