339.12 DISABLED VEHICLE SIGNALS.

   (a)    Whenever any motor truck, bus, commercial tractor, trailer, semitrailer or pole trailer is disabled upon the traveled portion of any highway or the shoulder thereof, or upon any freeway, expressway, thruway and connecting, entering or exiting ramps, at any time when lighted lamps are required on vehicles, the operator of such 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) hereof:

      (1)    A lighted fusee shall be immediately placed on the roadway at the traffic side of such vehicle, unless red electric lanterns or red reflectors are displayed.

      (2)    Within the burning period of the fusee and as promptly as possible three lighted flares or pot torches, or three red reflectors or three red electric lanterns shall be placed on the roadway as follows:

         A.    One at a distance of forty paces or approximately 100 feet in advance of the vehicle;

         B.    One at a distance of forty paces or approximately 100 feet to the rear of the vehicle, except as provided in this section, each in the center of the lane of traffic occupied by the disabled vehicle;

         C.    One at the traffic side of the vehicle.

   (b)    Whenever any vehicle used in transporting flammable liquids in bulk, or in transporting compressed flammable gases is disabled upon a highway at any time or place mentioned in subsection (a) hereof, the driver of such vehicle shall display upon the roadway the following warning devices:

      (1)    One red electric lantern or one red reflector shall be immediately placed on the roadway at the traffic side of the vehicle;

      (2)    Two other red electric lanterns or two other red reflectors shall be placed to the front and rear of the vehicle in the same manner prescribed for flares in subsection (a) hereof.

   (c)    When a vehicle of a type specified in subsection (b) hereof is disabled, the use of flares, fusees or any signal produced by flame as warning signals is prohibited.

   (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, or upon any freeway, expressway, thruway and connecting, entering or exiting ramps at any time when the display of fusees, flares, red reflectors, or electric lanterns is not required, the operator of such vehicle shall display two red flags upon the roadway in the lane of traffic occupied by the disabled vehicle, one at a distance of forty paces or approximately 100 feet in advance of the vehicle and one at a distance of forty paces or approximately 100 feet to the rear of the vehicle, except as provided in this section.

   (e)    The flares, fusees, lanterns, red reflectors and flags to be displayed as required in this section shall conform with the requirements of Section 337.29 applicable thereto.

   (f)   In the event the vehicle is disabled near a curve, crest of a hill, or other obstruction of view, the flare, flag, reflector or lantern in that direction shall be placed as to afford ample warning to other users of the highway, but in no case shall it be placed less than forty paces or approximately 100 feet nor more than 120 paces or approximately 300 feet from the disabled vehicle.

(1969 Code §20.456)

   (g)   Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.