---
kind: "section"
citation: "36 C.F.R. § 1004.22"
title: "36"
number: "1004.22"
heading: "Unsafe operation."
url: "https://uscodex.org/cfr/36/1004.22"
---

# §1004.22. Unsafe operation.

- (a) **The elements of this section constitute offenses that are less serious than reckless driving.** The offense of reckless driving is defined by State law and violations are prosecuted pursuant to the provisions of [§ 1004.2](/cfr/36/1004.2.md).
- (b) **The following are prohibited—**
  - (1) Operating a motor vehicle without due care or at a speed greater than that which is reasonable and prudent considering wildlife, traffic, weather, road and light conditions and road character.
  - (2) Operating a motor vehicle in a manner which unnecessarily causes its tires to squeal, skid or break free of the road surface.
  - (3) Failing to maintain that degree of control of a motor vehicle necessary to avoid danger to persons, property or wildlife.
  - (4) **Operating a motor vehicle while allowing a person to ride—**
    - (i) On or within any vehicle, trailer or other mode of conveyance towed behind the motor vehicle unless specifically designed for carrying passengers while being towed; or
    - (ii) **On any exterior portion of the motor vehicle not designed or intended for the use of a passenger.** This restriction does not apply to a person seated on the floor of a truck bed equipped with sides, unless prohibited by State law.

## Notes

### Authority

Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb note).

### Source

Source: 63 FR 35708, June 30, 1998, unless otherwise noted.