39:3-64. Vehicular traffic hazard warning signals

(a) Every truck, truck tractor, trailer, semitrailer, or pole trailer, 80 inches or more in width shall be equipped with a signaling system that in addition to signaling turning movements as provided for in section 39:4-126 shall have a switching arrangement that will cause the 2 front turn signals and the 2 rear turn signals on the vehicle or combination of vehicles to flash simultaneously as a vehicular traffic hazard warning signal as required in paragraph (c) of this section. The system shall be capable of flashing simultaneously with the engine operating or stopped.

(b) During the times when lighted lamps are required, no person shall drive on any highway any commercial motor vehicle 80 inches or more in width or any omnibus having a carrying capacity of over 10 passengers except an omnibus operated within business or residential districts on a route under the jurisdiction of the Board of Public Utility Commissioners unless it carries ready for immediate use portable emergency warning devices as follows: at least 3 liquid burning flares (pot torches), or 3 red electric lanterns, or 3 portable red emergency reflectors, and at least 3 red-burning fusees unless red electric lanterns or portable red emergency reflectors are carried. Each such device other than a fusee shall be capable of displaying light visible from a distance of at least 600 feet for a period of at least 12 hours, except that a commercial motor vehicle transporting inflammable liquids in bulk or compressed inflammable gases or explosives as a cargo or part of a cargo shall carry red electric lanterns or portable red emergency reflectors. Every such flare, lantern, reflector or fusee shall be of a type approved by the director.

(c) At the times when lighted lamps are required, whenever any motor-drawn vehicle or any motor vehicle of a type mentioned in paragraph (b) of this section other than motorbuses manufactured before January 1, 1960, that have been inspected and approved as to construction and safety devices by the Board of Public Utility Commissioners, or any combination of such vehicles, shall become disabled on any roadway or the shoulder thereof, except where there is sufficient all-night street or highway lighting provided as such to make it clearly discernible to persons on the highway at a distance of 500 feet, the driver of such vehicle or combination of vehicles shall immediately, upon learning of the disability, flash the 2 front and 2 rear turn signals simultaneously as a vehicular traffic hazard warning signal and continue such flashing until he shall have placed the portable emergency warning devices required in paragraph (b) of this section in use on the roadway, and during the time such portable emergency warning devices are being picked up for storage prior to movement of the vehicle or combination of vehicles. These warning signals may be given at other times during vehicle disablement in addition to but not in lieu of placement of portable emergency warning devices on the highway as required herein. The driver also shall immediately place on the traveled portion of the highway at the traffic side of the disabled vehicle or combination of vehicles, a lighted fusee, a lighted red electric lantern, or a portable red emergency reflector. As soon thereafter as possible, but in any event within the burning period of the fusee, the driver shall place 3 lighted liquid burning flares (pot torches), or 3 lighted red electric lanterns, or 3 portable red emergency reflectors on the traveled portion of the highway in the following order: one at a distance of approximately 100 feet from the disabled vehicle or combination of vehicles in the center of the traffic lane occupied thereby and toward traffic approaching in that lane; one at a distance of approximately 100 feet in the opposite direction from the disabled vehicle or combination of vehicles in the center of the traffic lane occupied thereby; and one at the traffic side of the disabled vehicle or combination of vehicles, not less than 10 feet to the front or rear thereof. If a lighted red electric lantern or a portable red emergency reflector has been placed at the traffic side of the disabled vehicle or combination of vehicles, it may be used for this purpose. If the vehicle disablement occurs within 500 feet of a curve, crest of a hill or other obstruction to view, the driver shall so place the warning device in that direction as to afford ample warning to other users of the highway, but in no case less than 100 feet nor more than 500 feet from the disabled vehicle or combination of vehicles. If the vehicle disablement occurs upon any roadway of a divided or one-way highway, the driver shall place one required emergency warning device at a distance of 200 feet and one such device at a distance of 100 feet to the rear of the disabled vehicle or combination of vehicles in the center of the lane occupied thereby; and one such device at the traffic side not less than 10 feet to the rear thereof.

(d) If gasoline or any other inflammable liquid, or combustible liquid or gas seeps or leaks from a fuel container of a motor vehicle disabled or otherwise stopped upon a highway, no portable emergency warning device producing a flame shall be lighted or placed except at such distance from any such liquid or gas as will assure the prevention of a fire or explosion.

(e) Whenever a vehicle or combination of vehicles 80 inches or more in width is stopped or parked on a roadway or shoulder thereof at a time and under conditions where the immediate activating of vehicular traffic hazard warning signal is required in paragraph (c) of this section, the driver shall immediately flash the 2 front and 2 rear turn signals simultaneously and continue the flashing while the vehicle is so stopped or parked.

Amended by L.1947, c. 82, p. 461, s. 1; L.1964, c. 136, s. 13; L.1964, c. 281, s. 2.