Federal Motor Carrier Safety Regulations (FMCSR) Part 393.95 Emergency Equipment requires all vehicles carrying HazMat to have a fire extinguisher with an Underwriters' Laboratories (UL) 10 B:C rating or more. All other commercial motor vehicles (CMV) must have a fire extinguisher with a 5 B:C UL rating or two with a 4 B:C UL rating. These fire extinguishers must have the manufacturer’s physical marking or rating visible, and the fire extinguisher must be constructed, designed, and maintained so that anyone can tell by visual inspection that it is fully charged. It must be filled, readily accessible, and mounted to prevent vertical movement, rolling, or sliding. These must meet the EPA’s toxicity standards. However, these regulations do not apply to trucks and buses in driveaway-towaway operations.
Further, each vehicle must possess a minimum of one emergency fuse replacement for parts or accessories as part of the vehicle’s emergency equipment. It is wise to also carry several light bulbs for emergency replacement on the road for your truck or bus.
Warning devices are required, such as a minimum of three reflective triangles that can be seen from either direction, three liquid-burning or six fusee flares. Vehicles carrying HazMat, explosives or use LPG shall not carry fusees, liquid-burning flares, or any warning device that requires a flame. Other warning devices may be carried in addition to fusees or liquid-burning flares. Fusees must burn for a minimum of 30 minutes and liquid-burning flares for 60. Plus, red flags must be at least twelve inches square and have standards adequate for upright positioning of the flags.
Items Not Legally Required but Smart to Have
Although these things are not legally required, bus and truck drivers should carry a sleeping bag and pillow; a shower or shave kit with toothbrush, toothpaste, deodorant, flip-flops, etc.; flashlight; gloves, raincoat and galoshes; cellphone with dashboard mount; earplugs; non-perishable snacks; and bottled water.
You never know when a breakdown on a deserted highway will require emergency items for comfort and survival. Plus, not having flip-flops in some trucker showers could lead to athlete’s foot fungus or worse, and carrying an emergency bathroom bucket and toilet paper might keep you out of the woods during rain, snow, or sleet.
Daily Vehicle Inspection Report (DVIR) & Emergency Equipment
Whichever DVIR fleet or independent drivers choose to adopt should have a checklist for emergency equipment. Even when you are the only driver for a vehicle, it is possible that another driver could borrow your fire extinguisher or fuses.
You could receive four Compliance, Safety and Accountability (CSA) severity points for not having a completed DVIR at the time of inspection, two for failure to inspect, and additional points for each piece of missing equipment or equipment that does not meet the CFR. When issued a traffic citation for bad or missing equipment, consult an attorney.
Ask a Traffic Attorney to Handle Your Ticket in Roseville, CA
Call Bigger & Harman at (661) 349-9300. Se habla Español (661) 349-9755.
We handle traffic tickets for CDL holders in the Sacramento area and practice traffic law in Roseville, South Lake Tahoe, Truckee, Placerville, Sacramento, and Woodland Traffic Courts. We handle only traffic violations for CDL holders in these courts.
We realize CDL holders cannot just take a day or two off and wait for their case to come up in traffic court, and paying the fine could lead to sanctions from fleet management or termination. Even if you had the luxury to take a day or two off, our services are always more convenient.
We know traffic law because we spend the time in traffic courts across California. We do not take criminal cases, divorces, personal injury, or other cases. We have made traffic law our professional vocation to give CDL holders the best results possible. Give us a call to discuss your situation.
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The 2019 CA Commercial Driver Handbook .pdf
Cornell Law School Legal Information Institute (LII) 49 CFR 393.95 Emergency EquipmentKeeptrucking.com blog, Trucking Essentials: Top 10 Things Drivers Say Are a Must-Have