CHAPTER 232 - MOTOR VEHICLES

AN ACT TO AMEND CHAPTER 165 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO THE REQUIREMENT OF CERTAIN MOTOR VEHICLES TO CARRY FLARES OR SIMILAR DEVICES.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 165 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out paragraphs (e), (f) and (g) of 5668. Section 130, and by inserting in lieu thereof the following three paragraphs, to be known as (e), (f) and (g):

(e) No person shall operate any motor truck having a width at any part in excess of eighty inches upon a highway outside of a business or residence district at any time from a half hour after sunset to a half hour before sunrise unless there shall be carried in such vehicle a sufficient number of flares, not less than three, or electric lanterns or other signals capable of continuously producing three warning lights each visible from a distance of at least 500 feet for a period of at least 8 hours, except that a motor vehicle transporting flammables may carry red reflectors in place of the other signals above mentioned.

(f) Every such flare, lantern, signal, or reflector shall be of a type approved by the commissioner and he shall publish lists of those devices which he has approved as adequate for the purposes of this section.

(g) Whenever any motor truck having a width at any part in excess of eighty inches and its lighting equipment are disabled during the period when lighted lamps must be displayed on vehicles and such motor truck cannot immediately be removed from the main travelled portion of a highway outside of a business or residence district, the driver or other person in charge of such vehicle shall cause such flares, lanterns, or other signals to be lighted and placed upon the highway, one at a distance of approximately 100 feet in advance of such vehicle, one at a distance of approximately 100 feet to the rear of the vehicle and the third upon the roadway side of the vehicle, except that if the vehicle is transporting flammables three red reflectors may be so placed in lieu of such other signals and no open burning flare shall be placed adjacent to any such last mentioned vehicle.

(g) No person shall at any time operate a motor truck transporting explosives as a cargo upon a highway unless it carries reflectors as herein required, but such reflectors must be capable of producing a red light and approved as aforesaid and shall be displayed upon the roadway when and as required in this section.

Any person violating any of the provisions of this Section shall be deemed guilty of a misdemeanor and, upon conviction thereof in any Court of competent jurisdiction, shall be punished in accordance with Section 141.

Approved May 19, 1937.