438.34 WARNING DEVICES ON DISABLED VEHICLES.
   (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, within the City, at any time when lighted lights are required on vehicles, the operator of such vehicle shall display the following warning devices upon the street or highway during the time the vehicle is so disabled on the street or highway, except as provided in division (b) of this section.
      (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 (pot torches) or three red electric lanterns or three red reflectors shall be placed on the roadway as follows:
         A.   One at a distance of 40 paces or approximately 100 feet in advance of the vehicle;
         B.   One at a distance of 40 paces or approximately 100 feet to the rear of the vehicle, except as hereinafter provided, 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 transporting compressed flammable gases, is disabled upon a highway at any time or place mentioned in division (a) of this section, 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 in division (a) above.
   (c)   When a vehicle of a type specified in division (b) of this section is disabled, the use of flares, fusees or any signal produced by flame as a warning signal 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 40 paces or approximately 100 feet in advance of the vehicle, and one at a distance of 40 paces or approximately 100 feet to the rear of the vehicle, except as hereinafter provided.
   (e)   The flares, fusees, lanterns, red reflectors and flags to be displayed as required in this section shall conform with the requirements of Section 438.33 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 so placed as to afford ample warning to other users of the highway but in no case less than 40 paces or approximately 100 feet nor more than 120 paces or approximately 300 feet from the disabled vehicle.
   (g)   This section does not apply to the operator of any vehicle in a work area designated by protection equipment devices that are displayed and used in accordance with the manual adopted by the Ohio Department of Transportation under Ohio R.C. 4511.09.
   (h)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.28)