§ 74.002 SAFETY AND WARNING EQUIPMENT.
   (A)   Generally.
      (1)   Flares, pot torches, fire extinguishers and other warning equipment for tracks, truck tractors and buses.
         (a)   A person shall not operate a motor truck, of a gross weight of more than 10,000 pounds, truck tractor, bus or a truck regardless of weight when carrying hazardous materials on which a placard is required to be posted pursuant to 49 C.F.R. parts 100 to 199, upon a highway outside the corporate limits of municipalities unless there shall be carried in the vehicle the following equipment, except as provided in division (A)(2) below:
            1.   At least three flares or three red electric lanterns each of which shall be capable of being seen and distinguished at a distance of 500 feet under normal atmospheric conditions at nighttime, and which are capable of operating continuously for not less than 12 hours;
            2.   At least three red burning fusees, unless red electric lanterns are carried. A fusee shall be capable of burning at least 15 minutes;
            3.   At least two red cloth flags, not less than 12 inches square, with standards to support same; and
            4.   A fire extinguisher that is properly filled and located so that it is readily accessible for use. The fire extinguisher shall be securely mounted on the vehicle. The fire extinguisher shall be designed, constructed and maintained to permit a determination of whether it is fully charged and in proper operating condition. The fire extinguisher shall have an extinguishing agent that does not need protection from freezing.
         (b)   A person shall not operate at the time and under the conditions stated in division (A)(1) above, a motor vehicle used in the transportation of inflammable liquids, bulk or transporting compressed inflammable gasses unless there shall be carried in the vehicle three red electric lanterns meeting the requirements stated in division (A)(1)(a) above and there shall not be carried in the vehicle any flares, fusees or signal produced by a flame.
         (c)   In the alternative, it shall be deemed a compliance with this subchapter if the person operating a motor vehicle described in this subchapter carries in the vehicle three portable reflector units on standards of type approved by the Commissioner. A portable reflector unit shall not be approved unless it is so designed and constructed that it will reflect red light clearly visible for a distance of at least 300 feet under normal atmospheric conditions at nighttime when directly in front of the lawful upper beams of head lamps.
         (d)   In lieu of the equipment requirements of division (A)(1)(a) above, the following equipment may be carried: three directional emergency reflective triangles without self-contained energy sources. Each of the three sides of the triangular portion of the warning device shall not be less than 17 and not more than 22 inches long, and not less than two and not more than three inches wide. Each face of the triangular portion shall have an outer border of orange fluorescent material.
         (e)   A warning device, when erected on a horizontal concrete surface, and subjected to a horizontal wind of 40 mph in any direction for three minutes, shall not slide more than three inches from its initial position. A warning device shall be carried in the vehicle in an opaque protective reusable container.
      (2)   Every device shall be erected and replaced in its container without the use of tools. Warning devices shall be in conformance with Federal Motor Vehicle Safety Standard No. 125.
(Prior Code, § 22.1-10)
   (B)   Stopping; placement of flashers and warning devices; disabled vehicles.
      (1)   When a motor truck of a gross weight in excess of 10,000 pounds, truck tractor, trailer, semi-trailer, pole trailer, bus or a truck regardless of weight when carrying hazardous materials on which a placard is required to be posted pursuant to 49 C.F.R. parts 100 to 199, is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause, other than necessary traffic stops, the driver of the stopped vehicle shall immediately flash the two front and two rear turn signals simultaneously as a vehicular traffic hazard warning and shall continue the flashing until he or she places the warning devices required by this subchapter. The flashing signals shall be used during the time the warning devices are picked up for storage before movement of the vehicle.
      (2)   The flashing lights may be used at other times while a vehicle is stopped in addition to, but not in place of, the following warning devices required by this subchapter:
         (a)   Except as provided in division (B)(1)(b) below, when a vehicle described in this section is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause, other than necessary traffic stops, the driver shall, as soon as possible, but not later than ten minutes, place the warning devices with which his or her vehicle is equipped. The warning devices shall be placed in the following manner:
            1.   One at the traffic side of the stopped vehicle, within ten feet of the front or rear of the vehicle;
            2.   One at a distance of approximately 100 feet from the rear of the stopped vehicle or load, in the center of the traffic lane or shoulder occupied by the vehicle and facing traffic approaching the rear of the vehicle; and
            3.   One at a distance of approximately 100 feet from the front of the stopped vehicle, in the center of the traffic lane or shoulder occupied by the vehicle and facing oncoming traffic in the opposite lane.
         (b)   The following special rules apply to the placement of warning devices.
            1.   If a vehicle is stopped within 500 feet of a curve, crest of a hill, or other obstruction to view, the driver shall place the warning signals required by division (B)(1)(a) above in the direction of the obstruction to view at a distance of 100 feet to 500 feet from the stopped vehicle so as to afford ample warning to other users of the highway.
            2.   If a vehicle is stopped upon the traveled portion or the shoulder of a divided or one-way highway, the driver shall place the warning devices required by division (B)(1)(a) above so that one warning device is at a distance of 200 feet and one warning device is at a distance of 100 feet in the direction of approaching traffic. The devices shall be placed in the center of the lane or shoulder occupied by the vehicle. The driver shall place one warning device at the traffic side of the vehicle within ten feet of the rear of the vehicle.
            3.   If gasoline or any other flammable liquid, combustible liquid or gas seeps or leaks from a fuel container or a vehicle stopped upon a highway, an emergency warning signal producing a flame shall not be lighted or placed unless it is lighted or placed at a distance from the liquid or gas which assures that a fire explosion will not occur.
(Prior Code, § 22.1-11)
   (C)   Antisplash devices. A commercial vehicle, except a truck tractor traversing between terminals at a speed of not to exceed 25 mph, and a combination of a commercial vehicle and trailer or semi-trailer, when used on a highway shall be so constructed or equipped, or so operated, as to prevent water or other road surface substances from being thrown from the rear wheels of the vehicle or combination at tangents exceeding 22.5 degrees measured from the road surface. If a flap type device is used, it shall not have attached any type of lamp, breakable reflective material or reflecting buttons; nor may the device extend beyond the 96-inch maximum width of the vehicle or combination.
(Prior Code, § 22.1-12)
   (D)   Fuel systems on trucks and other vehicles.
      (1)   This section applies to systems for containing and supplying fuel for the operation of a truck over 10,000 pounds, truck tractor, road tractor or bus or for the operation of auxiliary equipment installed on, or used in connection with, any of these vehicles.
      (2)   A fuel system shall be located on the vehicle so that:
         (a)   No part of the system extends beyond the widest part of the vehicle;
         (b)   No part of a fuel tank is forward of the front axle of a power unit;
         (c)   Fuel spilled vertically from a fuel tank while it is being filled does not contact any part of the exhaust or electrical systems of the vehicle, except the fuel level indicator assembly;
         (d)   Fill pipe openings are located outside the vehicle’s passenger compartment and its cargo compartment; and
         (e)   A fuel line does not extend between a towed vehicle and the vehicle that is towing it while the combination of vehicles is in motion.
      (3)   A fuel tank shall be securely attached to the vehicle in a workmanlike manner.
      (4)   A fuel system shall not supply fuel gravity or syphon feed directly to the carburetor or injector.
      (5)   If a fuel system includes a selection control valve which is operable by the driver to regulate the flow of fuel from two or more fuel tanks, the valve shall be installed so that either of the following conditions exists:
         (a)   The driver may operate it while watching the roadway and without leaving his or her driving position; and
         (b)   The driver shall stop the vehicle and leave his or her seat in order to operate the valve.
      (6)   A fuel line, which is not completely enclosed in a protective housing, shall not extend more than two inches below the fuel tank or its sump. Diesel fuel crossover, return and withdrawal lines which extend below the bottom of the tank or sump shall be protected against damage from impact. A fuel line shall be:
         (a)   Long enough and flexible enough to accommodate normal movements of the parts to which it is attached without incurring damage; and
         (b)   Secured against chafing, kinking or other causes of mechanical damage.
      (7)   When pressure devices are used to force fuel from a fuel tank, a device which prevents the flow of fuel from the fuel tank if the fuel feed line is broken shall be installed in the fuel system.
(Prior Code, § 22.1-13)
   (D)   Inspections of equipment and vehicles; check lanes.
      (1)   Equipment on vehicles as required under this subchapter shall be maintained as provided in this subchapter. A uniformed police officer may on reasonable cause shown stop a vehicle to perform an inspection and, if any defects in equipment are found, may issue an appropriate citation to the driver and order the driver to have the defects repaired immediately. During the course of such an inspection, the officer may also issue a citation for any applicable equipment defects specified in the Uniform Traffic Code of the city. In the case of an accident, a police officer may make an inspection of the vehicles involved in the accident.
      (2)   The city’s Police Department may operate a temporary check lane within its limits for the purpose of detecting defective equipment or other violations of the law governing the use of public highways by motor vehicles, operators and chauffeurs. Such check lanes must be operated with the express authorization of the Director of the Department of State Police under the direct supervision of a designated representative of the Director.
(Prior Code, § 22.1-14)
(Ord. 885, passed 7-16-1990) Penalty, see § 74.999