§ 22-407. Certain vehicles to carry flares or other warning devices

   (a) Trucks, buses, truck tractors, etc. -- A person may not drive any truck with a registered gross weight in excess of 10,000 pounds, any passenger bus, any truck tractor, or any motor vehicle towing a mobile home, on any highway outside the corporate limits of municipal corporations at any time from a half hour after sunset to a half hour before sunrise unless there is carried in the vehicle the following equipment, except as provided in subsection (b) of this section:

   (1) At least three flares or three red electric lanterns or three portable red emergency reflectors, each of which shall be capable of being seen and distinguished at a distance of not less than 600 feet under normal atmospheric conditions at nighttime;

   (2) At least three red-burning fusees having a burning period of at least 15 minutes, unless red electric lanterns or red portable emergency reflectors are carried; and

   (3) At least two red flags, not less than 12 inches square, with standards to support the flags.

(b) Vehicles transporting explosives, etc. -- A person may not drive at the time and under the conditions stated in subsection (a) any motor vehicle used to carry explosives, any cargo tank truck used to carry flammable liquids or compressed gases, or any motor vehicle using compressed gas as a fuel, unless there is carried in the vehicle three red electric lanterns or three portable red emergency reflectors meeting the requirements of subsections (a) and (d) of this section.

(c) Flares, fusees, or signals produced by flame. -- A person may not carry in a motor vehicle used to carry explosives, a cargo tank truck used to carry flammable liquids or compressed gases, or a motor vehicle using compressed gas as a fuel, a flare, fusee, or signal produced by flame.

(d) Approval of equipment by Administrator; portable reflector warning devices to conform to federal standards. --

   (1) No flare, fusee, electric lantern, warning device, or warning flag may be used to comply with this section unless the equipment is of a type that has been submitted to and approved by the Administrator.

   (2) After June 30, 1974, no portable reflector warning device may be used to equip a vehicle that is required by this section to be so equipped unless it meets the requirements specified in the applicable federal motor vehicle safety standards. Vehicles equipped with portable reflector devices before July 1, 1974, may continue to use a device conforming to the requirements of a Type 2 device as specified in the Society of Automotive Engineers recommended standards until such time as the device is replaced. Replacement devices shall conform to the applicable federal standards.

HISTORY: An. Code 1957, art. 661/2, § 12-407; 1977, ch. 14, § 2; 1986, ch. 472, § 1.