(1) General rule. Except as provided
in paragraph (b)(2), whenever a commercial motor vehicle is stopped upon the
traveled portion or the shoulder of a highway for any cause other than
necessary traffic stops, the driver shall, as soon as possible, but in any
event within 10 minutes, place the warning devices required by Regulation
Regulation
38-393.95
of this regulation, in the following manner:
(i) One at the traffic side of and 4 paces
(approximately 3 meters or 10 feet) from the stopped commercial motor vehicle
in the direction of approaching traffic;
(ii) One at 40 paces (approximately 30 meters
or 100 feet) from the stopped commercial motor vehicle in the center of the
traffic lane or shoulder occupied by the commercial motor vehicle and in the
direction of approaching traffic; and
(iii) One at 40 paces (approximately 30
meters or 100 feet) from the stopped commercial motor vehicle in the center of
the traffic lane or shoulder occupied by the commercial motor vehicle and in
the direction away from approaching traffic.
(2) Special rules
(i) Fusees and liquid burning flares. The
driver of a commercial motor vehicle equipped with only fusees or liquid
burning flares shall place a lighted fusee or liquid burning flare at each of
the locations specified in paragraph (b)(1). There shall be at least one
lighted fusee or liquid burning flare at each of the prescribed locations, as
long as the commercial motor vehicle is stopped. Before the stopped commercial
motor vehicle is moved, the driver shall extinguish and remove each fusee or
liquid burning flare.
(ii) Daylight
hours. Except as provided in paragraph (b)(2)(iii), during the period lighted
lamps are not required, three bi-directional reflective triangles, or three
lighted fusees or liquid burning flares shall be placed as specified in
paragraph (b)(1) within a time of 10 minutes. In the event the driver elects to
use only fusees or liquid burning flares in lieu of bi-directional reflective
triangles or red flags, the driver must ensure that at least one fusee or
liquid burning flare remains lighted at each of the prescribed locations as
long as the commercial motor vehicle is stopped or parked.
(iii) Business or residential districts. The
placement of warning devices is not required within the business or residential
district of a municipality, except during the time lighted lamps are required
and when street or highway lighting is insufficient to make a commercial motor
vehicle clearly discernable at a distance of 500 feet to persons on the
highway.
(iv) Hills, curves, and
obstructions. If a commercial motor vehicle is stopped within 500 feet of a
curve, crest of a hill, or other obstruction to view, the driver shall place
the warning signal required by paragraph (b)(1) in the direction of the
obstruction to view a distance of 100 feet to 500 feet from the stopped
commercial motor vehicle so as to afford ample warning to other users of the
highway.
(v) Divided or one way
roads. If a commercial motor vehicle is stopped upon the traveled portion or
the shoulder of a divided or one way highway, the driver shall place the
warning devices required by paragraph (b)(1), one warning device at a distance
of 200 feet and one warning direction toward approaching traffic in the center
of the lane or shoulder occupied by the commercial motor vehicle. He/she shall
place one warning device at the traffic side of the commercial motor vehicle
within 10 feet of the rear of the commercial motor vehicle.
(vi) Leaking, flammable material. If gasoline
or any other flammable liquid, or combustible liquid or gas seeps or leaks from
a fuel container or a commercial motor vehicle stopped upon a highway, no
emergency warning signal producing a flame shall be lighted or placed except at
such a distance from any such liquid or gas as will assure the prevention of a
fire or explosion.