Current through Register Vol. 48, No. 9, September 27, 2024
Except for a lightweight vehicle, every truck, truck
tractor, and every driven vehicle in driveaway towaway operation must be
equipped as follows:
(a) Fire
extinguisher.
(1) Except as provided in
paragraph (a)(4), every power unit must be equipped with a fire extinguisher
that is properly filled and located so that it is readily accessible for use.
The fire extinguisher must be securely mounted on the vehicle. The fire
extinguisher must be designed, constructed, and maintained to permit visual
determination of whether it is fully charged. The fire extinguisher must have
an extinguishing agent that does not need protection from freezing. The fire
extinguisher must not use a vaporizing liquid that gives off vapors more toxic
than those produced by the substances shown as having a toxicity rating of 5 or
6 in the Underwriters' Laboratories "Classification of Comparative Life Hazard
of Gases and Vapors."1
(2)
(i) On
or after July 1, 1971, a power unit that is used to transport hazardous
materials must be equipped with a fire extinguisher having an Underwriters'
Laboratories rating of 10 B:C or more.
(ii) On and after January 1, 1973, a power
unit that is not used to transport hazardous materials must be equipped with
either
(A) A fire extinguisher having an
Underwriters' Laboratories rating of 5 B:C or more; or
(B) Two fire extinguishers, each of which has
an Underwriters' Laboratories rating of 4 B:C or more.
(iii) Each fire extinguisher required by this
subparagraph must be labeled or marked with its Underwriters' Laboratories
rating and must meet the requirements of paragraph (a)(1).
(3) For purposes of this paragraph, a power
unit is used to transport hazardous materials only if the power unit or a motor
vehicle towed by the power unit must be marked or placarded in accordance with
Section 177.823 of the Federal Motor Carrier Safety Administration's hazardous
materials regulations.
(4) This
paragraph does not apply to the driven unit in a driveaway towaway
operation.
(c) Spare fuses. At
least one spare fuse or other overload protective device, if the devices used
are not of a reset type, for each kind and size used. In driveaway towaway
operations, spares located on any one of the vehicles will be deemed
adequate.
(f) Warning devices for
stopped vehicles. Except as provided in paragraph (g), one of the following
combinations of warning devices:
(1)
[FN*]
(2) Vehicles equipped with
warning devices on and after January 1, 1974.
(i) Three bidirectional emergency reflective
triangles that conform to the requirements of Federal Motor Vehicle Safety
Standard No. 125, Section 571.125; or
(ii) At least 6 fusees or 3 liquid burning
flares. The vehicle must have as many additional fusees or liquid burning
flares as are necessary to satisfy the requirements of Regulation Regulation
38-392.22.
(3) Supplemental warning devices.
Other warning devices may be used in addition to, but not in lieu of, the
required warning devices, provided those warning devices do not decrease the
effectiveness of the required warning devices.
(g) Restrictions on the use of flame
producing devices. Liquid burning flares, fusees, oil lanterns, or any signal
produced by a flame shall not be carried on any commercial motor vehicle
transporting Division 1.1, 1.2, 1.3 (explosives) hazardous materials; any cargo
tank motor vehicle used for the transportation of Division 2.1 (flammable gas)
or Class 3 (flammable liquid) hazardous materials whether loaded or empty; or
any commercial motor vehicle using compressed gas as a motor fuel.
(h) Requirements for emergency reflective
triangles manufactured before January 1, 1974.
(1) Each reflector shall be a collapsible
equilateral triangle, with legs not less than 17 inches long and not less than
2 inches wide. The front and back of the exposed leg surfaces shall be covered
with red reflective material not less than one half inch in width. The
reflective surface, front and back, shall be approximately parallel. When
placed in position, one point of the triangle shall be upward. The area within
the sides of the triangle shall be open.
(2) Reflective material: The reflecting
material covering the leg of the equilateral triangle shall comply either with:
(i) The requirements for reflex reflector
elements made of red methyl methacrylate plastic material, meeting the color,
sealing, minimum candle power, wind test, vibration test, and corrosion
resistance test of section 3 and 4 of Federal Specification RR R 1185, dated
November 17, 1966, or
(ii) The
requirements for red reflective sheeting of Federal Specification L S 300,
dated September 7, 1965, except that the aggregate candlepower of the assembled
triangle, in one direction, shall be not less than eight when measured at 0.2
deg. divergence angle and 4 deg. incidence angle, and not less than 80 percent
of the candlepower specified for 1 square foot of material at all other angles
shown in Table II, Reflective Intensity Values, of L S 300.
(3) Reflective surfaces alignment:
Every reflective triangle shall be so constructed that, when the triangle is
properly placed, the reflective surfaces shall be in a plane perpendicular to
the plane of the roadway surface with a permissible tolerance of plus minus 10
deg. Reflective triangles which are collapsible shall be provided with means
for holding the reflective surfaces within the required tolerance. Such holding
means shall be readily capable of adjustment without the use of tools or
special equipment.
(4) Reflectors
mechanical adequacy: Every reflective triangle shall be of such weight and
dimensions as to remain stationary when subjected to a 40 mile per hour wind
when properly placed on any clean, dry paved road surface. The reflective
triangle shall be so constructed as to withstand reasonable shocks without
breakage.
(5) Reflectors,
incorporation in holding device: Each set of reflective triangles shall be
adequately protected by enclosure in a box, rack, or other adequate container
specially designed and constructed so that the reflectors may be readily
extracted for use.
(6)
Certification: Every red emergency reflective triangle designed and constructed
to comply with these requirements shall be plainly marked with the
certification of the manufacturer that it complies therewith.
(i) Requirements for red emergency
reflectors. Each red emergency reflector shall conform in all respects to the
following requirements:
(1) Reflecting
elements required. Each reflector shall be composed of at least two reflecting
elements or surfaces on each side, front and back. The reflecting elements,
front and back, shall be approximately parallel.
(2) Reflecting elements to be Class A. Each
reflecting element or surface shall meet the requirement for a red Class A
reflector contained in the SAE Recommended Practice\1\ "Reflex Reflectors." The
aggregate candlepower output of all the reflecting elements or surface in one
direction shall not be less than 12 when tested in a perpendicular position
with observation at one third degree as specified in the Photometric Test
contained in the above mentioned Recommended Practice.
(3) Reflecting surfaces, protection. If the
reflector or the reflecting elements are so designed or constructed that the
reflecting surfaces would be adversely affected by dust, soot, or other foreign
matter or contacts with other parts of the reflector or its container, then
such reflecting surfaces shall be adequately sealed within the body of the
reflector.
(4) Reflecting surfaces
to be perpendicular. Every reflector shall be so constructed that, when the
reflector is properly placed, every reflecting element or surface is in a plane
perpendicular to the plane of the roadway surface. Reflectors which are
collapsible shall be provided with means for locking the reflector elements or
surfaces in the required position; such locking means shall be readily capable
of adjustment without the use of tools or special equipment.
(5) Reflectors, mechanical adequacy. Every
reflector shall be of such weight and dimensions as to remain stationary when
subjected to a 40 mile per hour wind when properly placed on any clean, dry,
paved road surface. The reflector shall be so constructed as to withstand
reasonable shocks without breakage.
(6) Reflectors, incorporation on holding
device. Each set of reflectors and the reflecting elements or surfaces
incorporated therein shall be adequately protected by enclosure in a box, rack,
or other adequate container specially designed and constructed so that the
reflectors may be readily extracted for use.
(7) Certification. Every red emergency
reflector designed and constructed to comply with these requirements shall be
plainly marked with the certification of the manufacturer that it complies
therewith.
(j)
Requirements for fusees and liquid burning flares. Each fusee shall be capable
of burning for 30 minutes, and each liquid burning flare shall contain enough
fuel to burn continuously for at least 60 minutes. Fusees and liquid burning
flares shall conform to the requirements of Underwriters Laboratories, Inc., UL
No. 912, Highway Emergency Signals, Fourth Edition, July 30, 1979, (with an
amendment dated November 9, 1981). (See Regulation Regulation
38-393.7(b)for
information on the incorporation by reference and availability of this
document.) Each fusee and liquid burning flare shall be marked with the UL
symbol in accordance with the requirements of UL 912.
(k) Requirements for red flags. Red flags
shall be not less than 12 inches square, with standards adequate to maintain
the flags in an upright position.
[FN*] So in original. No paragraph (f)(1) was promulgated
by State Register Volume 30, Issue No. 4, eff April 28, 2006.
