(a) Whenever any motor truck, passenger bus, truck tractor, trailer, semitrailer, pole trailer, or any motor vehicle towing a house trailer is disabled upon the traveled portion of any highway or the shoulder thereof outside of any municipality at any time when lighted lamps are required on vehicles, the driver of the vehicle shall display the following warning devices upon the highway during the time the vehicle is so disabled on the highway, except as provided in subsection (b) of this section:
(1) A lighted fuse, a lighted red electric lantern, or a portable red emergency reflector shall be immediately placed at the traffic side of the vehicle in the direction of the nearest approaching traffic;
(2) As soon thereafter as possible, but in any event within the burning period of the fuse, which is fifteen (15) minutes, the driver shall place three (3) liquid-burning flares or pot torches, or three (3) lighted red electric lanterns, or three (3) portable red emergency reflectors on the traveled portion of the highway in the following order:
(A) One (1), approximately one hundred feet (100˘) from the disabled vehicle, in the center of the lane occupied by the vehicle and toward traffic approaching in that lane;
(B) One (1), approximately one hundred feet (100˘) in the opposite direction from the disabled vehicle, in the center of the traffic lane occupied by the vehicle;
(C) (i) One (1) at the traffic side of the disabled vehicle, not less than ten feet (10˘) rearward or forward thereof, in the direction of the nearest approaching traffic.
(ii) If a lighted red electric lantern or a red portable emergency reflector has been placed at the traffic side of the vehicle in accordance with subdivision (2)(A) of this subsection, it may be used for this purpose.
(b) Whenever any vehicle referred to in this section is disabled within five hundred feet (500˘) of a curve, hillcrest, or other obstruction to view, the warning signal in that direction shall be so placed as to afford ample warning to other users of the highway, but in no case less than one hundred feet (100˘) nor more than five hundred feet (500˘) from the disabled vehicle.
(c) Whenever any vehicle of a type referred to in this section is disabled upon any roadway of a divided highway during the time that lights are required, the appropriate warning devices prescribed in subsections (a) and (e) of this section shall be placed as follows:
(1) One (1) at a distance of approximately two hundred feet (200˘) from the vehicle, in the center of the lane occupied by the stopped vehicle and in the direction of traffic approaching in that lane;
(2) One (1) at a distance of approximately one hundred feet (100˘) from the vehicle, in the center of the lane occupied by the vehicle and in the direction of traffic approaching in that lane;
(3) One (1) at the traffic side of the vehicle and approximately ten feet (10˘) from the vehicle, in the direction of the nearest approaching traffic.
(d) Whenever any vehicle of a type referred to in this section is disabled upon the traveled portion of a highway or the shoulder thereof outside of any municipality at any time when the display of fusees, flares, red electric lanterns, or portable red emergency reflectors is not required, the driver of the vehicle shall display two (2) red flags upon the roadway in the lane of traffic occupied by the disabled vehicle, one (1) at a distance of approximately one hundred feet (100˘) in advance of the vehicle and one (1) at a distance of approximately one hundred (100˘) feet to the rear of the vehicle.
(e) Whenever any motor vehicle used in the transportation of explosives or any cargo tank truck used for the transportation of any flammable liquid or compressed flammable gas, or any motor vehicle using compressed gas as a fuel, is disabled upon a highway of this state at any time or place mentioned in subsection (a) of this section, the driver of the vehicle shall immediately display the following warning devices:
(1) (A) One (1) red electric lantern or portable red emergency reflector, placed on the roadway at the traffic side of the vehicle; and
(B) Two (2) red electric lanterns or portable red reflectors, one (1) placed approximately one hundred feet (100˘) to the front and one (1) placed approximately one hundred feet (100˘) to the rear of the disabled vehicle in the center of the traffic lane occupied by the vehicle.
(2) Flares, fusees, or signals produced by flame shall not be used as warning devices for disabled vehicles of the type mentioned in this subsection.
(f) The flares, fusees, red electric lanterns, portable red emergency reflectors, and flags to be displayed as required in this section shall conform with the requirements of § 27-37-205.
History. Acts 1937, No. 300, § 131; Pope's Dig., § 6791; Acts 1959, No. 307, § 52; A.S.A. 1947, § 75-722.
Cross References. Penalty for violation of 1959 amendatory act, § 27-50-305.
Case Notes
Directed Verdicts.
Instructions.
Motor Truck.
Negligence.
Where evidence by plaintiff was to the effect that he failed to see flares placed by trucks of defendant parked along side of highway, as some of defendant's drivers were sitting on highway so as to conceal the flares, the defendant was not entitled to a directed verdict, and trial court did not err in submitting case to the jury. United Transports, Inc. v. Johnson, 215 Ark. 411, 220 S.W.2d 814 (1949).
In action for personal injuries and property damage resulting from nighttime collision between plaintiff's automobile and defendant's disabled truck that had been left on traveled portion of highway by driver while he went for help, evidence relating to flare behind truck was such that defendant was not entitled to directed verdict and that submission to jury of issues of negligence and contributory negligence was proper. Dixie Culvert Mfg. Co. v. Richardson, 218 Ark. 427, 236 S.W.2d 713 (1951).
A requested instruction by which it was proposed to tell the jury that if an employee of the State Highway and Transportation Department had placed flares in front of and behind the place where a truck was parked it was not incumbent upon the driver to place flares in the road and it would not be negligence for him to fail to do so should have been given, since the purpose of placing flares is to give warning and whether they are put out by the owner of the truck or by some one else is immaterial. H. L. Wilson Lumber Co. v. Koen, 202 Ark. 576, 151 S.W.2d 681 (1941).
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).
Any negligence of employee truck driver because of failure to place flares when his truck stopped on highway at night in such a position as to block traffic in both directions is imputable to his employer. Wheaton Van Lines, Inc. v. Williams, 240 Ark. 280, 399 S.W.2d 258 (Ark. 1966).
Where truck driver failed to set out flares when his truck stopped on highway at night in such a position as to block traffic in both directions, the jury alone could decide the fact question as to whether the actions or inactions of the truck driver constituted negligence proximately causing injuries. Wheaton Van Lines, Inc. v. Williams, 240 Ark. 280, 399 S.W.2d 258 (Ark. 1966).
Cited: Billingsley v. Westrac Co., 365 F.2d 619 (8th Cir. Ark. 1966).