Violation code

392.24-ESFP

Driver - No driver shall attach or permit any person to attach a lighted fusee or other flame-producing emergency signal to any part of a commercial motor vehicle.

Vehicle Maintenance2Non-OOS· SMS Appendix A v3.20

392.24-ESFP is a Cab, Body, Frame violation under 49 CFR §392.24-ESFP. It falls in the Vehicle Maintenance BASIC with a severity weight of 2/10.

Violation group: Cab, Body, Frame
Regulation §: 392.24-ESFP
Severity weight: 2
Used in SMS: Yes
Status: Active
Updated: 5/15/2026

Last updated May 2026

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Notes

DSMS: Y | Comment: Added in 3.15 | Footnote: As of February 1, 2023, the violations in this table are included in SMS. Only violations cited on or after February 1 are included in SMS calculations. This update aligns SMS with how violations are being cited in a new software used for roadside inspections.

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Challenging 392.24-ESFP through FMCSA DataQs

If this violation was written incorrectly, here are the angles trucking-safety managers use to contest it. Playbook: Vehicle Maintenance (general).

Common ways to challenge this code

Pre-trip inspection showed compliant brakes
The driver's pre-trip DVIR documented compliant brake adjustment and operation. The cited defect arose en route or was misclassified at roadside.
Evidence that wins
- ✓Driver Vehicle Inspection Report (DVIR) from that date
- ✓Repair invoice or shop record
- ✓Post-citation re-inspection certificate (clean)
Momentary failure exception (§393.9)
The required lamp was inoperative only momentarily due to vibration, temperature, or similar transient cause — explicitly exempted under §393.9.
Evidence that wins
- ✓Photograph showing the lamp operable before / after the stop
- ✓Repair invoice if a fuse or bulb was replaced
Tread measurement disputed
The tread depth measurement was taken at a worn point that is not representative, contrary to NHTSA/FMCSA measurement standards.
Evidence that wins
- ✓Independent tread gauge reading from same tire (multiple positions)
- ✓Photograph of the tire with a reference scale
Documented maintenance schedule disproves the defect
Carrier's periodic-inspection records show the cited defect could not reasonably have existed at the time of inspection.
Evidence that wins
- ✓Periodic inspection certificate (§396.17)
- ✓Maintenance work order proximate to inspection date

Common pitfalls — avoid these

⚠DataQs cannot remove a violation simply because the defect was repaired after the stop

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Frequently asked questions about 392.24-ESFP

What does violation 392.24-ESFP mean?

392.24-ESFP is the FMCSA roadside-inspection violation code for "Driver - No driver shall attach or permit any person to attach a lighted fusee or other flame-producing emergency signal to any part of a commercial motor vehicle.", part of the Cab, Body, Frame group, cited under 49 CFR §392.24-ESFP.

What BASIC does 392.24-ESFP affect?

392.24-ESFP falls under the Vehicle Maintenance BASIC in the FMCSA Safety Measurement System (SMS).

What is the CSA severity weight of 392.24-ESFP?

392.24-ESFP carries a severity weight of 2 out of 10. Higher weights indicate violations more closely tied to crash risk, and they count more toward a carrier's Vehicle Maintenance score.

Is 392.24-ESFP an out-of-service (OOS) violation?

No. 392.24-ESFP is not an out-of-service violation, so on its own it does not trigger an out-of-service order at the roadside.

How many CSA points does 392.24-ESFP add to a carrier's score?

The point contribution of 392.24-ESFP depends on its severity weight (2/10) multiplied by a time weight of 3, 2, or 1 based on how recent the inspection is. You can calculate the exact contribution with the CSA points calculator.

Can 392.24-ESFP be challenged through DataQs?

Yes. If you believe 392.24-ESFP was recorded in error, you can file a Request for Data Review (RDR) through the FMCSA DataQs system with supporting evidence. A successful challenge can remove or correct the violation on your record.

Keep going

CSA points calculator How to challenge a violation Draft a DataQs letter for 392.24-ESFP Vehicle Maintenance BASIC Carrier CSA lookup CSA glossary

392.24-ESFP

Challenging 392.24-ESFP through FMCSA DataQs

Pre-trip inspection showed compliant brakes

Momentary failure exception (§393.9)

Tread measurement disputed

Documented maintenance schedule disproves the defect