393.87(a) - Flags on Overwidth Loads

I am requesting interpretation of a single warning flag being displayed on the driver’s side of a commercial motor vehicle transporting a load that extends more than 102 mm (4 inches). It has come to my attention, varying sizes of heavy equipment may be positioned on a trailer in such a way that only a portion of the heavy equipment extends past the extreme edges of the trailer. An example of this would be a dozer with its blade canted at an angle in such a way that only the blade extends past the extreme edges of the trailer. In this case, the blade usually extends past the trailer edge on the driver’s side of the trailer, but the passenger side of the dozer is fully contained within the passenger side edges of the trailer. Often times, the blade of the dozer, is the only part of the heavy equipment that extends past the driver's side edge of the trailer and usually it extends between 1-2 feet past the edge. In the above scenario, drivers have displayed a single orange warning flag at the extremity of the driver’s side of the trailer, or on the extremity of the protruding item. The driver does not display a warning flag on the passenger’s side, which does not protrude past the edge of the commercial motor vehicle.

Confusion lies in the interpretation of "extremities of the load," as defined in 393.87(a) and "single flag" in 393.87(b). It has been argued the "extremities of the load" is the blade that only extends on the driver's side of the commercial motor vehicle. Since the "extremities of the load" does not extend past the trailer on the passenger's side, there is no need to warn the motoring public of a hazard on the passenger side. Furthermore, the term "single flag" in subsection (b) seems to indicate only one warning flag need be displayed. If there is no hazard on the passenger's side of the commercial motor vehicle, no warning flag need be displayed.

Please provide guidance on 393.87(a), and specifically address whether the plurality of the word "sides" indicates the trailer is required to display warning flags on both the left and right side of the commercial motor vehicle. Furthermore, 393.87(b) states: "There must be a single flag at the extreme rear if the projecting load is two feet wide or less." Does 393.87(b) provide an exception in this dozer/heavy equipment scenario, allowing a commercial motor vehicle to display a single warning flag on the affected side and no warning flag on the unaffected side?