§ 39-21-42 — Certain vehicles to carry flares or other warning devices

North Dakota § 39-21-42

• Jurisdiction: North Dakota
• Title 39: Motor Vehicles
• Ch. 39-21: Equipment of Vehicles

Text

1. No person may operate any motor truck, passenger bus, or truck tractor, or any motor
vehicle towing a housetrailer, upon any highway outside the corporate limits of
municipalities at any time from a half hour after sunset to a half hour before sunrise
unless there is carried in the vehicle the following equipment except as provided in
subsection 2:
a. At least three flares or three red electric lanterns or three portable red emergency
reflectors, each of which must be capable of being seen and distinguished at a
distance of not less than six hundred feet [182.88 meters] under normal
atmospheric conditions at nighttime. No flare, fusee, electric lantern, or cloth
warning flag may be used for the purpose of compliance with the requirements of
this section unless it is of a type which has been submitted to the department and

approved by it. No portable reflector unit may be used for the purpose of
compliance with the requirements of this section unless it meets the requirements
of the national highway traffic safety administration motor vehicle safety standard
number 125 or unless it is so designed and constructed as to include two
reflecting elements one above the other, each of which must be capable of
reflecting red light clearly visible from all distances within six hundred feet [182.88
meters] to one hundred feet [30.48 meters] under normal atmospheric conditions
at night when directly in front of lawful lower beams of headlamps, and unless it is
of a type which has been submitted to the department and approved by it.
b. At least three red-burning fusees unless red electric lanterns or red portable
emergency reflectors are carried.
c. At least two red-cloth flags, not less than twelve inches [30.48 centimeters]
square, with standards to support such flags.
2. No person may operate at the time and under conditions stated in subsection 1 any
motor vehicle used for the transportation of explosives, any cargo tank truck used for
the transportation of flammable liquids or compressed gases, or any motor vehicle
using compressed gas as a fuel unless there is carried in the vehicle three red electric
lanterns or three portable red emergency reflectors meeting the requirements of
subsection 1, and there shall not be carried in the vehicle any flare, fusee, or signal
produced by flame.