CHAPTER 545

AN ACT TO AMEND TITLE 21, CHAPTER 45, DELAWARE CODE, BY ADDING A NEW SECTION 4358 RELATING TO CARRYING OF FLARES OR OTHER EMERGENCY LIGHTS IN CERTAIN VEHICLES: USE THEREOF IN EVENT VEHICLE BECOMES DISABLED.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 21, Chapter 41, Section 4188, Delaware Code, is repealed.

Section 2. Title 21, Chapter 45, Delaware Code, is amended by adding a new Section 4358 to read as follows:

§ 4358. Carrying of flares in certain vehicles; use upon becoming disabled

(a) No person shall operate any vehicle having a width in any part in excess of 80 inches, or a gross weight of vehicle and load of 8000 pounds or more, upon the highways of this state outside of a business or residential district during the period when lighted lamps must be displayed on vehicles, unless there shall be carried in such vehicle at least 3 flares, or 3 red electric lanterns, or 3 portable red emergency reflectors capable of being distinguished at a distance of not less than 600 feet under normal atmospheric conditions at night.

(b) Whenever any vehicle described in subsection (a), or its lighting equipment is disabled during the period when lighted lamps must be displayed and such vehicle cannot immediately be removed from the main traveled portion of a highway outside of a business or residential district, the driver or other person in charge of such vehicle shall cause flares, lanterns, or reflectors 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 along side of the vehicle. If the vehicle is transporting flammables, three red reflectors shall be so placed so 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 June 9, 1970.