Sec 28-960. Flares; warning devices; requirements

A. Except as provided in subsection B, a person shall not operate a motor truck, passenger bus or truck tractor on a highway outside the corporate limits of a city or town from a half hour after sunset to a half hour before sunrise unless the following equipment is carried in the vehicle:

1. At least three flares or three red electric lanterns that comply with the following:

(a) Each flare or lantern is capable of being seen and distinguished at a distance of five hundred feet under normal atmospheric conditions at nighttime.

(b) Each flare or liquid-burning pot torch is capable of burning for at least twelve hours in five miles per hour wind velocity and capable of burning in any air velocity from zero to forty miles per hour.

(c) Each flare is substantially constructed to withstand reasonable shocks without leaking.

(d) Each flare is carried in the vehicle in a metal rack or box.

(e) Each red electric lantern is capable of operating continuously for at least twelve hours and is substantially constructed to withstand reasonable shock without breakage.

2. At least three red-burning fusees, unless red electric lanterns are carried, that are:

(a) Made in accordance with specifications of the bureau of explosives, 30 Vesey Street, New York City and so marked.

(b) Capable of burning at least fifteen minutes.

3. At least two red cloth flags that are at least twelve inches square and have standards to support the flags.

B. At the time and under the conditions stated in subsection A, a person shall not operate a motor vehicle used in transporting flammable liquids in bulk or transporting compressed flammable gases, unless three red electric lanterns meeting the requirements stated in subsection A are carried in the vehicle. A flare, fusee or signal produced by a flame shall not be carried in a vehicle described in this subsection.

C. A person is in compliance with this section if the person operates a motor vehicle described in this section and carries in the vehicle three portable reflector units on standards and of a type approved by the department. The department shall not approve a portable reflector unit unless it is designed and constructed to meet the requirements of 49 Code of Federal Regulations section 571.125.