55-9-102 - Emergency parts and accessories to be carried by various type motor vehicles. - Tennessee Statutes

55-9-102. Emergency parts and accessories to be carried by various type motor vehicles.

Every motor vehicle, according to its type or character of operation as listed in subdivisions (1) and (2), shall carry at all times the following emergency parts and accessories, which shall be in proper and effective working order and available for immediate use:

     (1)  On every bus, truck, or truck tractor, except pickup trucks having not more than two (2) rear wheels and equipped with emergency flashing lights at front and rear:

          (A)  At least one (1) fire extinguisher, of a type inspected and labeled by Underwriters' Laboratories, Inc., under classification B, and utilizing an extinguishing agent that does not need protection from freezing (minimum size, two-pound (2 lb.) dry chemical type);

          (B)  One (1) red lantern, when projecting loads are carried; and

          (C)  One (1) red cloth flag, not less than twelve inches (12²) square, when projecting loads are carried;

     (2)  On every bus, truck, and truck tractor, except pickup trucks having not more than two (2) rear wheels and equipped with emergency flashing lights at front and rear, operating outside the corporate limits of municipalities, excepting buses subject to the general supervision and regulation, jurisdiction and control of the governing body of a municipality under §§ 65-4-101, 65-4-104 and 65-16-101 [repealed], and operating within the territorial limits of the regulatory jurisdiction of the governing body:

          (A)  All items listed under subdivision (1);

          (B)  One (1) set of tire chains, for all vehicles likely to encounter conditions requiring them;

          (C)  At least three (3) flares or three (3) red emergency reflectors, or three (3) red electric lanterns, unless the motor vehicle is operated solely on streets or highways that are artificially lighted at night.

                (i)  Each flare (liquid burning pot torch) or red emergency reflector or red electric lantern shall be capable of being seen and distinguished at a distance of five hundred feet (500¢) under normal atmospheric conditions;

                (ii)  Each flare (pot torch) shall be capable of burning for not less than twelve (12) hours in five miles per hour (5 mph) wind velocity, capable of burning in any air velocities from zero to forty miles per hour (0-40 mph), substantially constructed so as to withstand reasonable shock without leaking, and shall be carried in a metal rack or box. Each red electric lantern shall be capable of operating continuously for not less than twelve (12) hours and shall be substantially constructed so as to withstand reasonable shock without breakage;

                (iii)  Each red emergency reflector shall conform in all respects to the requirements of the following specifications, and must be approved for use in Tennessee by the department of safety:

                     (a)  Each red emergency reflector shall be comprised of a multiplicity of red reflecting elements on each side, not less than two (2), front and back, every one of which red reflecting elements shall conform as a minimum requirement to the specifications for Class A Reflex Reflectors contained in the SAE Handbook, 1944 edition (published by the Society of Automotive Engineers, 29 West 39th Street, New York, New York). The aggregate candlepower output of the reflecting elements of the device when tested in the perpendicular position at one-third degree (1/3°) as specified by SAE photometric procedure shall be not less than twelve (12);

                     (b)  If the reflecting surfaces or reflector elements would be adversely affected by dust, soot, or other foreign matter, they shall be adequately sealed within the body of the units in which they are incorporated. Each reflector device shall be of such weight and dimensions as to remain stable and stationary when in a forty mile per hour (40 mph) wind on any road surface on which it is likely to be used, and shall be so constructed as to withstand reasonable shock without breakage. Each reflector device shall be so constructed that the reflecting elements shall be in a plane perpendicular to the plane of the roadway when placed thereon; and

                     (c)  Reasonable protection shall be afforded each reflector device, and the reflecting elements incorporated therein, by enclosure in a box or rack from which the three (3) devices readily may be extracted for use. In the event the reflector devices are collapsible, locking means shall be provided to maintain the reflecting elements in effective position, and the locking means shall be readily capable of adjustment without the use of tools or special equipment;

                (iv)  Each unit of a set of three (3) red emergency reflectors shall be marked plainly with the certification of the manufacturer that it fulfills the requirements of these specifications; and

                (v)  Each red emergency reflector when used shall be so placed on the highway as to reflect to oncoming vehicles the maximum amount of reflected light;

          (D)  At least three (3) red burning fusees (if carrier elects to carry and use flares as warning signals), unless the motor vehicle is operated solely on streets or highways that are artificially lighted at night. Each fusee shall be made in accordance with the specifications of the Bureau of Explosives, 30 Vesey Street, New York, New York, and so marked, and shall be capable of burning at least fifteen (15) minutes; and

          (E)  At least two (2) red flags of cloth, synthetic or man-made material, not less than twelve inches (12²) square, with standards; and

     (3)  On motor vehicles used for the driver education and training course for Class D vehicles as provided by § 55-50-322(f), there may be equipped amber light-emitting diode (LED) lights on the front and rear of the motor vehicles only if the amber light-emitting diode lights are not placed in the driver's line of sight.

[Acts 1937, ch. 245, § 5; 1947, ch. 121, § 1; C. Supp. 1950, § 2700.16 (Williams, § 2695); Acts 1973, ch. 326, §§ 4-6; 1975, ch. 102, § 1; T.C.A. (orig. ed.), § 59-918; Acts 2008, ch. 967, § 1.]