There’s Antiquated, and Then There’s 393.95(f)

By Jim Selevan, CEO, Pi-Lit Technology

What are liquid flares, and how far back in history have we used them? It’s an interesting question and one that is hard to answer. Code of Federal Regulations 49 Section 393.95(f) reads:

(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 or 3 liquid-burning flares. The vehicle must have as many additional fusees or liquid-burning flares as are necessary to satisfy the requirements of § 392.22.

(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.

The Federal Motor Carrier Safety Administration (FMCSA) believes the regulation predates the U.S. Department of Transportation (April 1, 1967) and is likely from prior to World War I. Not many are old enough to have seen liquid kerosene lamps with a wick, flame and smoke rising atop steel barrels in work zones. Even fewer might realize that these “liquid flares” are still approved for use when your commercial motor vehicle (CMV) is stopped alongside the road.

Flash forward to June 2021, when the Small Business Innovation Research program published a research grant opportunity to foster the development of a system to autonomously deploy devices approved under 393.95(f). FMCSA anticipates autonomous CMVs using today’s quickly developing technology but insists upon using warning devices first developed in 1880. Even for vehicles with human drivers, deploying reflective triangles, flame flares or kerosene smudge pots represents a federal requirement that prohibits modern warning devices that have been shown to be more effective.

Fortunately, FMCSA has seen the light (pun intended). A recent exemption (FMCSA-20210187) adds a fourth option to the permitted warning devices under 393.95(f): LED sequential-flashing flares. So, your autonomous tractor-trailer delivering gasoline can still deploy kerosene flares, triangles, or flame flares, but now you also have the option for safe, low-voltage LED sequential-flashing flares. Also, adjuncts to the LED flare option with GPS and cellular communication notify GPS map apps and other cloud mapping services when the LED flares are deployed. With the integration of these technologies, approaching drivers will be made aware of your stopped vehicle, whether it’s disabled or delivering product, from miles ahead.

If triangles are getting caught under the seat, bits of plastic fall under the brake pedal, fusee flame flares don’t quite mix with your flammable load or dry roadside brush, or kerosene sloshing around in the cab is not your insurance carrier’s idea of prudence, maybe it’s time to enter the 21st century. There are now safer options.