What 392.22(b) means in plain language
When your commercial motor vehicle is disabled or stopped on a roadway, federal regulations require you to set out warning devices — think triangles, flares, or fusees — within a specific timeframe and in designated positions relative to your vehicle. The rule under 392.22(b) addresses the follow-through part of that requirement: actually placing those devices correctly on the road surface once you've stopped.
The violation occurs when a driver either fails to put warning devices out at all or positions them incorrectly. Placement isn't optional or approximate — there are defined distances and configurations depending on whether you're on a divided highway, a one-way road, or a standard two-lane. Getting the spacing wrong or skipping the devices entirely is what triggers a 392.22(b) citation.
In short: it's not enough to have the triangles in your cab. They have to come out, and they have to go in the right spots. An inspector who finds your rig sitting on the shoulder without properly placed warning devices, or with triangles bunched together in the wrong positions, has grounds to write this violation.
What our enforcement data actually shows
Across our 13 million+ inspection records, 392.22(b) has generated 5,635 all-time citations, placing it at #321 out of 3,036 FMCSR codes by citation volume. That puts it in roughly the top 11% of all codes by frequency — not a rare write-up, but not one of the most common either.
The out-of-service picture is almost entirely benign. Our inspection records show that only 1 driver out of 5,635 cited was placed out of service, producing an OOS rate of 0.0%. Compare that to the all-FMCSR average OOS rate of 31.4% across every code in our database, and it becomes clear that 392.22(b) is one of the least likely violations to ground your truck. Inspectors are writing the citation and sending drivers on their way in virtually every case.
Looking at recent enforcement, the data in our database indicates zero citations in the last 90 days and zero in the last 12 months. Enforcement activity on this specific code has gone quiet in the near term, though the all-time volume confirms it has been actively written in the past.
Who gets cited most
The STATISTICS block for this code does not include a state-level breakdown, so we cannot identify the top states by citation count from our data. What we can tell you is that the citation distribution spans a wide range of carriers operating across the national network.
Among fleets, our data shows carriers such as NEW PRIME INC (USDOT 3706) with 50 citations all-time and J B HUNT TRANSPORT INC (USDOT 80806) with 27 citations appearing at the top of the list. These are among the largest truckload fleets in the country by miles operated, so their appearance here reflects exposure volume more than anything else. SWIFT TRANSPORTATION CO OF ARIZONA LLC (USDOT 54283) rounds out the top three with 21 citations.
On the equipment side, Freightliner (FRHT) units account for 969 citations — by far the most of any make in our records for this code. Volvo (VOLV) appears with 378 citations and Kenworth (KW) with 317. These are all high-population tractor makes on U.S. highways, so their presence at the top is consistent with overall fleet composition rather than a specific equipment defect.
How severe is this compared to similar codes
The Unsafe Driving category contains some of the heaviest-volume codes in all of FMCSR enforcement. Putting 392.22(b)'s 5,635 all-time citations next to its peers makes the contrast obvious.
392.2, covering operating a CMV while ill or fatigued, has accumulated 1,208,164 citations in our database — more than 214 times the volume of 392.22(b) — with a 0.8% OOS rate. That code alone represents one of the most-cited violations across all of FMCSR. Similarly, 392.2-SLLSR, also categorized under operating a CMV while ill or fatigued, shows 191,232 citations with a 0.1% OOS rate. Even 392.2RG, another variant in the same family, carries 96,652 citations at a 0.1% OOS rate.
By comparison, 392.22(b) is a relatively low-volume, near-zero OOS-rate code. The safety severity implied by the 0.0% OOS rate signals that inspectors treat this as a correctable procedural lapse — serious enough to document on your inspection report and affect your PSP record, but not the kind of condition that takes a truck off the road.
How to avoid it
The fix for 392.22(b) is procedural, and the steps are entirely within a driver's control. Build these habits before and during any roadside stop:
- Pre-trip your warning device kit every single time. Confirm you have the required number of triangles or other approved devices, that they're in serviceable condition, and that they're accessible without digging through the cab. A device you can't reach quickly is a device that won't get placed in time.
- Know the placement rules before you need them. The required distances aren't something to look up on the side of the road. On a standard highway, devices go at specific intervals behind and in front of the stopped vehicle. On a divided highway or one-way road, the configuration changes. Memorize or post a quick-reference card in your cab so placement is automatic under stress.
- Practice the setup during non-emergency stops. If you've never actually deployed your triangles from scratch, you're more likely to place them incorrectly under pressure. A parking lot run-through takes less than two minutes and builds the muscle memory that matters at 2 a.m. on a dark shoulder.
- Check your Freightliner, Volvo, and Kenworth storage compartments specifically. Our data shows these makes account for the highest citation counts under this code. If you're running one of these tractors, verify that the warning device storage hasn't been repurposed and that the kit is complete.
- Don't wait to set out devices. Hesitation after a breakdown or stop is where this violation is born. Federal rules set a short window for getting devices on the road. The moment the truck is stopped in a position that could create a hazard, the clock starts — treat it that way.