Warning Triangles, Freight Lines, and Blind Curves - Uncovering the Asymmetry of FMCSR § 392.22 Interpretive Case Law

To truck drivers, risk mitigators, and transportation litigators, 49 CFR § 392.22 (§ 392.22) provides a framework for commercial stops on shoulders and highways, including requiring a driver to set out emergency warning devices such as reflective triangles. But, figuring out how § 392.22 applies to a specific stopped vehicle under certain circumstances can be a bumpy ride, especially in light of the asymmetric applications of the Federal Motor Carrier Safety Regulations (FMCSRs) throughout the country. Interpretations vary state by state, but some broad themes can be extracted to help if you’re stranded.

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