337.26  REQUIREMENTS FOR EXTRA SIGNAL EQUIPMENT.
   (a)   No person shall operate any motor truck, bus or commercial tractor upon any highway at any time from one-half hour after sunset to one-half hour before sunrise unless there is carried in such vehicle the following equipment, which shall be of the types approved by the Director of Transportation.
      (1)    At least three flares or three red reflectors or three red electric lanterns, each of which may be seen and distinguished at a distance of 500 feet under normal atmospheric conditions at night;
      (2)    At least three red-burning fusees, unless red reflectors or red electric lanterns are carried;
      (3)    At least two red cloth flags, not less than twelve inches square, with standards to support them;
      (4)    The type of red reflectors shall comply with such standards and specifications now in effect or later established by the Interstate Commerce Commission and must be certified as meeting such standards by Underwriters' Laboratories.
 
   (b)   No person shall operate at the time and under the conditions stated in this section any motor vehicle used in transporting flammable liquids in bulk, or in transporting compressed flammable gases, unless there is carried in such vehicle three red electric lanterns meeting the requirements stated in subsection (a) hereof. There shall not be carried in any such vehicle any flare, fusees or signal produced by a flame.
(ORC 4513.27)
 
   (c)   Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor.  If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree.  If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.