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REFERENCE TITLE: warning devices; motor vehicles |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017 |
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HB 2512 |
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Introduced by Representative John
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AN ACT
amending sections 28‑960 and 28‑961, Arizona Revised Statutes; relating to motor vehicles.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-960, Arizona Revised Statutes, is amended to read:
28-960. Flares; warning devices; requirements
A. Except as provided in subsection B of this section, a person shall not operate a motor truck, passenger bus or truck tractor on a highway outside the corporate limits of a city or town from a half hour after sunset to a half hour before sunrise unless the following equipment is carried in the vehicle:
1. At least three flares or three red electric lanterns that comply with the following:
(a) Each flare or lantern is capable of being seen and distinguished at a distance of five hundred feet under normal atmospheric conditions at nighttime.
(b) Each flare or liquid‑burning pot torch is capable of burning for at least twelve hours in five miles per hour wind velocity and capable of burning in any air velocity from zero to forty miles per hour.
(c) Each flare is substantially constructed to withstand reasonable shocks without leaking.
(d) Each flare is carried in the vehicle in a metal rack or box.
(e) Each red electric lantern is capable of operating continuously for at least twelve hours and is substantially constructed to withstand reasonable shock without breakage.
2. At least three red‑burning fusees, unless red electric lanterns are carried, that are:
(a) Made in accordance with specifications of the bureau of explosives, 30 Vesey Street, New York City and so marked.
(b) Capable of burning at least fifteen minutes.
3. At least two red cloth flags that are at least twelve inches square and have standards to support the flags.
B. At the time and under the conditions stated in subsection A of this section, a person shall not operate a motor vehicle used in transporting flammable liquids in bulk or transporting compressed flammable gases, unless three red electric lanterns meeting the requirements stated in subsection A of this section are carried in the vehicle. A flare, fusee or signal produced by a flame shall not be carried in a vehicle described in this subsection.
C. A person is in compliance with this section if the person operates a motor vehicle described in this section and carries in the vehicle three portable reflector units on standards and of a type approved by the department. The department shall not approve a portable reflector unit unless it is that are designed and constructed to meet the requirements of 49 Code of Federal Regulations section 571.125.
Sec. 2. Section 28-961, Arizona Revised Statutes, is amended to read:
28-961. Display of warning devices; disabled vehicle
A. Except as provided in subsection B of this section, if a motor truck, passenger bus, truck tractor, trailer, semitrailer or pole trailer is disabled on the traveled portion of a highway or the shoulder of a highway outside of a city or town at a time when lighted lamps are required on vehicles, the driver of the vehicle shall display the following warning devices on the highway during the time the vehicle is disabled on the highway:
1. A lighted fusee immediately placed on the roadway at the traffic side of the motor vehicle unless electric lanterns are displayed.
2. Within the burning period of the fusee and as promptly as possible, three lighted flares or pot torches or three electric lanterns placed on the roadway as follows:
(a) One at a distance of approximately one hundred feet in advance of the vehicle and one at a distance of approximately one hundred feet to the rear of the vehicle, each in the center of the lane of traffic occupied by the disabled vehicle.
(b) One at the traffic side of the vehicle approximately ten feet rearward or forward of the vehicle.
B. If a vehicle that is used in transporting flammable liquids in bulk or compressed flammable gases is disabled on a highway at a time or place provided in subsection A of this section, the driver of the vehicle shall display on the roadway the following lighted warning devices:
1. One red electric lantern immediately placed on the roadway at the traffic side of the vehicle.
2. Two other red electric lanterns placed to the front and rear of the vehicle in the same manner prescribed for flares in subsection A of this section.
C. If a vehicle of a type provided in subsection B of this section is disabled, the use of flares, fusees or any signal produced by flame as warning signals is prohibited.
D. If a vehicle referred to in this section is disabled on the traveled portion of a highway or the shoulder of a highway outside of a city or town at a time when the display of fusees, flares or electric lanterns is not required, the driver of the vehicle shall display two red flags on the roadway in the lane of traffic occupied by the disabled vehicle, one at a distance of approximately one hundred feet in advance of the vehicle and one at a distance of approximately one hundred feet to the rear of the vehicle.
E. A person is in compliance with this section if three portable reflector units on standards and approved by the department are both:
1. Displayed at the times and under the conditions provided in this section either during the daytime or at nighttime.
2. Placed on the roadway in the locations prescribed by this section for the placing of electric lanterns and lighted flares.
F. The flares, fusees, lanterns and flags required in this section shall conform with the requirements of section 28‑960 applicable to the flares, fusees, lanterns and flags.