CHAPTER 51

MOTOR VEHICLES AUXILIARY DRIVING LAMPS, FLARES AND SIMILAR DEVICES

AN ACT TO AMEND CHAPTER 165 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO REQUIREMENTS AS TO HEAD LAMPS, AUXILIARY DRIVING LAMPS, FLARES AND SIMILAR DEVICES.

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

Section 1. That 5668. Sec. 130 of Chapter 165 of the Revised Code of Delaware, 1935, as amended, be and the same is amended by repealing paragraphs (d), (e) and (f) thereof and substituting therefor the following:

(d) Every person operating a motor vehicle on the public highways, when approaching or about to pass any other person operating a motor vehicle and traveling in the opposite direction, shall seasonably dim, depress or tilt the front head lights on his vehicle so that the rays projected therefrom will not blind the person whom such operator is approaching and about to pass; provided, that the dimmed, depressed or tilted lamps shall give sufficient illumination under normal atmospheric conditions and on a level road to render clearly discernible a person seventy-five (75) feet ahead; and provided further, that this provision shall not apply to vehicles equipped with acetylene or similar gas lights.

(e) No person shall operate any motor truck haying a width at any part in excess of eighty (80) 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, electric lanterns, or other devices, not less than three, capable of producing continuously three warning lights or signals each visible from a distance of at least Five Hundred (500) feet for a period of at least eight hours; provided, however, that red reflectors may be carried in place of flares, electric lanterns or other signals.

Each such flare, lantern, reflector, or signal shall be of a type approved by the Motor Vehicle Commissioner; and he shall publish lists of those devices which he has approved as adequate, for the purposes of this section.

(f) Whenever any motor truck having a width at any part in excess of eighty (80) inches and its lighting equipment shall become disabled during the period when lighted lamps must be displayed on vehicles, and such motor truck cannot immediately be removed from the main. traveled portion of a highway outside of a business or residence district, the driver or other person in charge of such vehicle shall cause flares, lanterns, reflectors or other signals to be lighted and placed upon the highway, one at a distance of approximately one hundred (100) feet in advance of such vehicle, one at a distance of approximately one hundred (100) feet to the rear of the vehicle and the third upon the roadway of the vehicle; provided, however, that if the vehicle is transporting flammables three red reflectors may be so placed as to afford a warning of the presence of the vehicle on the highway in lieu of such other signals and no open burning flare shall be placed adjacent to any such vehicle.

Approved March 7, 1947.