DOT Fire Extinguisher Regulations for Commercial Trucks and Buses

DOT Fire Extinguisher Requirements Explained

The Department of Transportation (DOT) has certain requirements regarding fire extinguishing equipment. The specific language appears in Federal Motor Carrier Safety Administration (FMCSA) regulations 393.95 through 393.95(c) for commercial motor vehicles. The top truck cab regulation, 393.95(a), requires that every commercial vehicle, including trailers and semitrailers, that do not have any self-contained fire extinguishing system (type B:C) on board must carry a hand or other portable fire extinguisher with an Underwriters’ Laboratories (UL) rating of 5 B:C or higher. DOT specifically excludes from the requirement a truck tractor that does not haul freight.
The required fire extinguisher must be United States Department of Transportation-approved and mounted securely in the driver’s compartment so that it is readily accessible. 49 CFR 393.95 (b). Expired fire extinguishers will not pass an FMCSA truck DOT inspection; all extinguishing agents should be in proper working order to relieve driver liability if the fire extinguisher is used and later considered defective. 49 CFR 396.11, 49 CFR 396.17.
Commercial trucks within multiple cargo tank categories, including classes 3 through 6 and which are also classified under Hazardous Materials Regulations (HMR) rules , require a second fire extinguisher, as noted in 49 CFR 173.309 slide 3. The class specifications include cargo transport tanks over 1,000 gallons for Class 3 flammable liquids and Class 6 poison inhalation hazards. For class 3, one fire extinguisher with a rating of 10 BC or greater is required if the tank capacity is 1,500 gallons or less. If the transport tank exceeds 1,501 gallons, two extinguishers with a minimum rated capacity of 4 A or 40 BC, or at least one 10BC (or larger), are required.
While transport class 7 cargo tanks aren’t expressly required to possess an additional fire extinguisher, in practice, some law enforcement require this because all transport tanks continue to carry some solid sulfur as a residue; solid sulfur can ignite if spark ignition occurs. 49 CFR 173.309 slide 8.
The final DOT-mandated fire extinguisher requirement is for truck tractors that pull hazardous materials cargo tanks and which do not have a fixed fire extinguishing system. 237102, Table 13-2; 49 CFR 173.309 slide 6. This requirement for one hand or portable (generally non-A, non-B, non-C) fire extinguisher overlaps with other but inapplicable regulations for HMR transporters for placard color and location.

Recommended Types of DOT Fire Extinguishers

DOT’s recommended fire extinguisher for use in commercial vehicles is the clean agent "A-B-C" multi-purpose dry chemical fire extinguisher that conforms to Department of Transportation specifications in Title 49 Code of Federal Regulations (CFR) §173.309. The "A-B-C" designation refers to three classifications: "A" for ordinary combustibles (like paper or wood), "B" for flammable liquids (like gasoline or oils), and "C" for electrical equipment. There are a number of different types of fire extinguishers approved by the DOT. For instance, special "BC" extinguishers (without the "A" classification) are used to extinguish flammable liquid or electrical equipment fires. Similarly, the "A-B" type is for class "A" and class "B" fires, but not "C." In addition, there are fire extinguishers specifically for "A" or "A-B" class fires. The latter is generally for extinguishing small fires in automobiles or other vehicles with internal combustion engines that may contain various flammable fluids.
The "B-C" type is used for flammable liquid fires and electrical equipment. The multi-purpose "A-B-C" is suitable for all of these types of fires. In addition, there are "B-C" extinguishers that are not regularly approved. Still other types of fire extinguishers may require their own separate testing in order to receive DOT approval. Those tests are generally about one month; approval usually follows about six months later. Although multi-purpose "A-B-C" dry chemical fire extinguishers may be the most well-known type, the DOT recommends that extinguishers containing Halon 1211 and BCF-12 fire extinguishers are also acceptable on board commercial motor vehicles. The ideal type of fire extinguisher for commercial vehicles depends on the class of fire that might be encountered.

Rules for Installation and Maintenance

To help prevent fire hazards, fire extinguishers must be properly installed and maintained in accordance with the DOT requirements. When carrying a fire extinguisher on commercial vehicles and other motor vehicles, you should first follow the basic installation guidelines. For cargo trucks, the extinguisher should be mounted on the driver side of the cargo area, 36 inches from the floor and no more than 12 inches from the cab seat back. On straight trucks, the fire extinguisher should be mounted next to the driver side door as well. For passenger cars and trucks, the extinguisher should be in a convenient but safe location such as under the seat or in the glove compartment.
Inspection and maintenance is required to help ensure that there is a proper working extinguisher at all times. Carrying an improperly functioning extinguisher can result in a significant fine. Inspect the fire extinguisher regularly to look for any signs of wear, leaks or corrosion. Inspect the gauge to make sure it is reading full. Make sure the hose and nozzle are clear and unobstructed. Check to make sure the fire extinguisher is securely mounted, and that the tamper seal is intact and has not been broken or damaged. Inspect the firing pin to ensure that it moves freely and easily.
The DOT requires recharging of a fire extinguisher after any use. In addition to discharging the fire extinguisher, any of the following also requires an extinguisher to be removed from service and recharged: if the extinguisher has been dropped, the tamper seal has been broken, or the operating handle or lever has been damaged.

Common DOT Fire Extinguisher Non-Compliance Issues

One of the most common compliance pitfalls with respect to the Federal Motor Carrier Safety Regulations is the improper selection and/or maintenance of required fire extinguishers. A significant amount of revenue can be wasted over time if a mobile business operating one or more commercial motor vehicles is not complying with the requirements of 49 C.F.R. §393.95. Unfortunately, many businesses overlook the fire extinguisher requirements. Below are some examples of how to avoid noncompliance with these regulations involving mobile businesses:
MISTAKE #1: Failing to have fire extinguishers on commercial motor vehicles, or have one in excess of the minimum required. If using a Class A, B, or C fire extinguisher that has a "Underwriter’s Laboratories [UL] Rating," the minimum requirement is one fire extinguisher with a rating of at least 10B:C. If it does not have a UL rating, then the minimum requirement is one extinguisher with a capacity of at least 4.5 pounds. If using a fire extinguisher without a UL rating, the extinguisher must be labeled to show its capacity (i.e., 1.5 gallons, type K, etc.). Many business operators think they only need either a 2.5 or 9-B:C fire extinguisher. However, these extinguishers are typically not enough to comply with these regulatory requirements. For example, if operating a commercial vehicle that is a truck-tractor, you will need at least one 10B:C rated extinguisher. A 5-B:C fire extinguisher will not be sufficient unless there is another one with a rating of at least 5-B:C .
MISTAKE #2: Using a fire extinguisher that does not meet the minimum requirements. Fire extinguishers must be labeled showing the approved use of that fire extinguisher. For example, a Class C fire extinguisher must have the picture showing the use of it for electrical fire extinguishing. If the fire extinguisher does not have the required labeling on it, it would not be compliant with the required standards and required onboard replacement parts/equipment.
MISTAKE #3: Failing to properly maintain fire extinguishers by not inspecting them. The Federal Motor Carrier Safety Regulations at 49 C.F.R. §391.95(c) require that extinguishers be examined on a monthly basis that show the fire extinguisher is in its designated place, does not have evidence of physical damage, and has a fully charged indicator on the gauge. The regulations further require that on an annual basis, the fire extinguishers are inspected or serviced to ensure they are in charge, and weigh the fire extinguishers to make sure they are not losing liquid. Most commercial driver’s license holders should be familiar with this responsibility as it is part of your pre-trip inspection checklist. Fire extinguisher record-keeping is required as well.
The easiest way for operators of commercial vehicles to avoid these and similar compliance pitfalls is to develop a written compliance plan. An experienced transportation attorney can help draft an overall compliance policy to deal with this and other regulations.

Risks of Non-Compliance

Failure to comply with DOT fire extinguisher requirements for commercial vehicles can have serious implications. The most obvious consequence of non-compliance is the imposition of fines and penalties. Inspectors are trained to look for fire extinguishers as part of their general inspections. If a driver does not have one, or if it is not properly located or accessible, the inspector will issue a citation. This is particularly noteworthy given that, during a traffic stop, some law enforcement officers will provide a warning and choose not to issue a citation if they believe it would be in the best interests of justice, e.g., first time offense, minor in nature. However, not so for DOT inspectors—they will write a ticket.
This is also an area where a company may be more likely to be ticketed than an owner-operator. An inspector will issue a citation to a driver if the driver is not carrying a fire extinguisher. Similarly, though a carrier can be ticketed if the driver was carrying the fire extinguisher, the inspector can also cite the company for a failure to train drivers on the need for fire extinguishers. (49 CFR 396.25)
Because drivers of commercial motor vehicles are exposed to increased risk of fire, they are also more likely to suffer from fire-related injuries that result in serious bodily injury or death. Further, a vehicle that catches fire while on the road can lead to destruction of cargo and property damage.
The NSTB has also issued recommended practices regarding the placement of extinguishers; improper placement can lead to further penalties.

A Review of Recent Changes to DOT Rules

In recent years, the DOT has made changes to a number of its regulatory requirements. The DOT and/or the federal agency having ultimate jurisdiction over the type of vehicle, tractor, or trailer operated by the carrier, is also responsible for making certain inspections, including checking the presence and function of the vehicle’s fire extinguisher. Given the strict liability standard, failure to comply with even small details can result in a discovery sanction in a lawsuit if your vehicle’s fire extinguisher was either missing entirely or not functioning. It is thus critical to remain up to date on any changes to the DOT regulations.
The DOT recently issued changes to the federal regulations at 49 CFR 393.95 governing the placement of fire extinguishers within your truck or in your trailer’s cargo area. The new regulation will now require that commercial motor vehicles manufactured on or after August 13 , 2018 provide a location within the passenger compartment of the vehicle where a fire extinguisher can be "readily accessible to the driver while seated in normal driving position."
As of the date of the regulations enactment on August 13th, any commercial motor vehicle manufactured prior to that date will not be required to have a designated place for the fire extinguisher (although frankly it makes sense to keep it in a place all members of your crew and family know how to access in case of an emergency).