Title 13 . Public Safety

Chapter 4 . General Provisions

Section 245. Display of warning lights and devices when vehicle is stopped or disabled

13 AAC 04.245. Display of warning lights and devices when vehicle is stopped or disabled

(a) When a vehicle described in sec. 240(a) of this chapter is disabled, stopped, or parked on a shoulder of a highway outside a municipality in a manner which presents a hazard to traffic, and at a time when lights are required to be illuminated under sec. 10 of this chapter, the driver of the vehicle must display the following warning devices, except as provided in (b) of this section:

(1) a lighted fusee, a lighted red electric lantern, or a portable red emergency reflector, which must immediately be placed at the traffic side of the vehicle in the direction of the nearest approaching traffic; and

(2) as soon as possible, and within the burning period of the fusee (15 minutes), the driver shall place three liquid-burning flares (pot torches), three lighted red electric lanterns, or three portable red emergency reflectors on the roadway in the following order:

(A) one approximately 100 feet from the disabled vehicle in the center of the lane occupied by the vehicle and toward traffic approaching in that lane;

(B) one approximately 100 feet in the opposite direction from the disabled vehicle and in the center of the traffic lane occupied by the vehicle; and

(C) one at the traffic side of the disabled vehicle at least 10 feet behind or forward of the vehicle in the direction of the nearest approaching traffic.

(b) When a vehicle referred to in this section is disabled within 500 feet of a curve, hillcrest or other obstruction to view, the warning device in the direction of the obstruction as required in (a) of this section must be placed to afford ample warning to other users of the highway, but may not be placed less than 100 feet or more than 500 feet from the disabled vehicle.

(c) When a vehicle described in sec. 240(a) of this chapter is disabled upon a roadway of a divided highway during the time lights are required, the warning devices required in (a) and (e) of this section must be placed as follows:

(1) one at a distance of approximately 200 feet from the vehicle and in the center of the lane occupied by the stopped vehicle and in the direction of traffic approaching in that lane;

(2) one at a distance of approximately 100 feet from the vehicle in the center of the lane occupied by the vehicle and in the direction of traffic approaching in that lane; and

(3) one at the traffic side of the vehicle and approximately 10 feet from the vehicle in the direction of the nearest approaching traffic.

(d) Repealed 6/28/79.

(e) When a motor vehicle used in the transportation of an explosive, a cargo tank truck used for the transportation of a flammable liquid or compressed gas, or a vehicle using compressed gas as a fuel is disabled or stopped for more than 10 minutes at a time and place described in (a), (b), or (c) of this section, the driver will immediately display red electric lanterns or portable red emergency reflectors as specified in (a), (b), or (c) of this section. No flare, fusee or signal produced by flame may be used as a warning dev ice for a vehicle of the types mentioned in this subsection. When the vehicle is disabled or stopped at a time when lights are not required to be illuminated by sec. 10 of this chapter, in addition to the requirements of this subsection, the driver shall also comply with the requirements of (f) of this section.

(f) When a vehicle described in sec. 240(a) of this chapter is disabled at a time when lights are not required to be illuminated by sec. 10 of this chapter, the driver of the disabled vehicle shall display two red flags as follows:

(1) if traffic on the roadway moves in two directions, one flag must be placed approximately 100 feet to the rear of the vehicle, and one flag must be placed approximately 100 feet in advance of the vehicle; both flags must be placed in the center of the lane occupied by the disabled vehicle;

(2) upon a one-way roadway, one flag must be placed approximately 100 feet and one flag approximately 200 feet in the direction of approaching traffic; both flags must be placed in the center of the lane occupied by the disabled vehicle.

(g) When a motor vehicle other than that described in (a) or (e) of this section is disabled, stopped, or parked on a shoulder of a roadway in a manner which presents a hazard to traffic, the driver must display the following warning devices:

(1) at a time when lights are required to be illuminated under sec. 10 of this chapter, a driver must activate the emergency flashers or parking lights when the vehicle has no emergency flashers;

(2) at a time when lights are not required to be illuminated by sec. 10 of this chapter, a driver must attach a white flag or marker to the top of the antenna or to a part of the vehicle on the roadway side so as to be visible to vehicles approaching on the same side of the highway as the disabled or stopped vehicle; if a white flag or marker is unavailable, then any color may be used; in addition, emergency flashers should be activated where practicable.

(h) When a vehicle is disabled, stopped entirely off the roadway and is in a hazardous position, the warning devices required in this section must be placed, as nearly as practicable, on the shoulder near the edge of the roadway. "Hazardous position" means when any portion of a disabled vehicle or its load is on or extends onto a roadway or the left side of the vehicle or its load is within a distance of eight feet from the edge of a roadway.

(i) The flares, fusees, red electric lanterns, portable red emergency reflectors and flags to be displayed as required in this section must conform with the requirements of sec. 240 of this chapter applicable to those devices.

History: In effect before 7/28/59; am 12/15/61, Register 3; am 8/10/66, Register 22; am 12/31/69, Register 31; am 6/28/79, Register 70

Authority: AS 28.05.011