(a) No person shall operate any motor truck, passenger bus, truck tractor, or any motor vehicle towing a house trailer upon any highway outside the corporate limits of municipalities at any time from one-half (˝) hour after sunset to one-half (˝) hour before sunrise unless there shall be carried in the vehicle the following equipment except as provided in subsection (b) of this section:
(1) (A) At least three (3) flares, or three (3) red electric lanterns, or three (3) portable red emergency reflectors, each of which shall be capable of being seen and distinguished at a distance of not less than six hundred feet (600˘) under normal atmospheric conditions at nighttime.
(B) (i) No flare, fuse, electric lantern, or cloth warning flag shall be used for the purpose of compliance with the requirements of this subsection unless such equipment is of a type which has been submitted to the commissioner and approved by him or her.
(ii) No portable reflector unit shall be used for the purpose of compliance with the requirements of this subsection unless it is so designed and constructed as to be capable of reflecting red light clearly visible from all distances within six hundred feet (600˘) to one hundred feet (100˘) under normal atmospheric conditions at night when directly in front of lawful upper beams of head lamps and unless it is of a type which has been submitted to the commissioner and approved by him or her.
(2) At least three (3) red-burning fusees, unless red electric lanterns or red portable emergency reflectors are carried.
(3) At least two (2) red cloth flags, not less than twelve inches (12˛) square, with standards to support such flags.
(b) (1) At the time and under conditions stated in subsection (a) of this section, no person shall operate any motor vehicle used for the transportation of explosives, any cargo tank truck used for the transportation of flammable liquids or compressed gases, or any motor vehicle using compressed gas as a fuel unless there shall be carried in the vehicle three (3) red electric lanterns or three (3) portable red emergency reflectors meeting the requirements of subsection (a) of this section.
(2) There shall not be carried in any such vehicle any flares, fusees, or signals produced by flame.
History. Acts 1937, No. 300, § 131; Pope's Dig., § 6791; Acts 1959, No. 307, § 52; 1971, No. 80, § 1; A.S.A. 1947, § 75-722.
Cross References. Penalty for violation of 1959 amendatory act, § 27-50-305.
Case Notes
Motor Truck.
Owner Loaning Vehicle.
Person.
A three-fourth ton pick-up truck is a “motor truck” within the meaning of this section. Taylor v. Purifoy, 247 Ark. 368, 445 S.W.2d 485 (1969).
Owner who loaned truck during daylight hours did not violate this section prohibiting operation of truck without flares and warning signals after dark. Taylor v. Purifoy, 247 Ark. 368, 445 S.W.2d 485 (1969).
Where the owner of a pick-up truck loaned to another is not shown to have knowingly consented to operation in violation of this section, he is not held responsible for the violation. Taylor v. Purifoy, 247 Ark. 368, 445 S.W.2d 485 (1969).
Employer who caused a truck of which he had control to be set in motion and to be operated by his employee was a “person” within the meaning of the provisions of this section prohibiting a person from operating a motor truck without flares and warning signals. Taylor v. Purifoy, 247 Ark. 368, 445 S.W.2d 485 (1969).
Cited: Billingsley v. Westrac Co., 365 F.2d 619 (8th Cir. Ark. 1966).