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Developed and maintained by the Division of Legislative Automated Systems.
2003 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-111 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-111. Flares and other signals relating to stopped vehicles.
A. Whenever any bus, truck, trailer, house trailer, or manufactured home
commercial motor vehicle as defined in § 46.2-341.4 is disabled and stops
stopped on any roadway in the Commonwealth, except within the corporate limits
of cities or on highways which are artificially lighted at night, at any time during which
lights are required on motor vehicles by § 46.2-1030 or on the shoulder of any
highway in the Commonwealth at any time for any cause other than stops necessary to comply with
traffic control devices, lawfully installed signs, or signals of law-enforcement
officers, the operator of such vehicle shall immediately activate the
vehicular hazard warning signal flashers and as soon as possible, but in any event
within 10 minutes of stopping, place or cause to be placed on the roadway or
shoulder three red flares or torches reflectorized triangular warning devices
of a type approved by the Superintendent. One of the flares or torches red
reflectorized triangular warning devices shall be placed in the center of the
lane of traffic or shoulder occupied by the disabled stopped vehicle and not
less than 100 feet therefrom in the direction of traffic approaching in that lane, a second not less than 100
feet from such vehicle in the opposite direction and a third at the traffic side of such vehicle not closer than
ten 10 feet from its front or rear. However, if such vehicle is disabled
stopped within 500 feet of a curve or crest of a hill, or other obstruction to
view, the flares or torches red reflectorized triangular warning devices in
that direction shall be so placed as to afford ample warning to other users of the highway, but in no
case less than 500 feet from the disabled stopped vehicle. Red reflectorized
triangular warning devices Vehicular hazard warning signal flashers shall
continue to flash until the operator has placed the three red reflectorized triangular
warning devices required in this subsection. The placement of red reflectorized
triangular warning devices is not required within the corporate limits of
cities unless, during the time which lights are required to be illuminated on
motor vehicles by § 46.2-1030, the street or highway lighting is insufficient
to make such vehicle clearly discernable at a distance of 500 feet to a person on
the highway. Flares or torches of a type approved by the Superintendent may be
used in lieu of flares or torches red reflectorized warning devices. In the
event that the operator of the stopped vehicle elects to use flares or torches
in lieu of red reflectorized triangular warning devices, the operator shall
ensure that at least one flare or torch remains lighted at each of the
prescribed locations as long as the vehicle is stopped. 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 ensure the prevention of a fire or
explosion.
The exception provided in this subsection with respect to highways within the
corporate limits of cities or on streets or highways which are artificially
lighted at night shall not apply to any portion of any interstate highway
within the corporate limits of any city. The provisions of this section shall
not apply to any vehicle in a work zone protected by flagmen or approved temporary
traffic control channeling devices, as required by the Virginia Work Area Protection
Manual or to any vehicle displaying a flashing amber light authorized by §
46.2-1025 when such vehicle is (i) used for the principal purpose of towing or
servicing disabled vehicles, or (ii) engaged in road or utility construction or
maintenance.
B. If any such vehicle is used for the transportation of flammable liquids in
bulk, whether loaded or empty, or for transporting inflammable gases, red
flares reflectorized triangular warning devices or red electric lanterns
of a type approved by the Superintendent of State Police shall be used. Such reflectors or
lanterns shall be lighted and placed on the roadway in the manner provided in subsection A of
this section.
C. During such time as lights on motor vehicles are not required, red flags not
less than twelve inches both in length and width shall be used in the place of
flares, torches, or lanterns. The flags shall be placed on the roadway in the
manner prescribed in subsections A and B of this section for flares, torches,
and lanterns, except that no flag shall be required to be placed at the side of
such vehicle. If the disablement of such vehicle continues into the period when
lights on motor vehicles are required, flares, torches, reflectors, or lanterns
shall be placed as required by subsections A and B of this section. Red
reflectorized triangular warning devices of a type approved by the
Superintendent may be used in lieu of flags.