(1) A person shall not operate any commercial motor vehicle upon a highway outside of
a business or residence district at any time from one-half (1/2) hour before sunset to
one-half (1/2) hour before sunrise unless that vehicle carries the number and type of
flares, electric lanterns, or other signals which the Department of Vehicle
Regulation shall by regulation require.
(2) Whenever any commercial motor vehicle and its lighting equipment are disabled
during a period when lighted lamps must be illuminated on vehicles and the vehicle
cannot immediately be removed from the main traveled portion of a highway
outside of a business or residence district, the person in charge of the vehicle shall
cause to be placed upon the highway such flares, lanterns, and other signals as the
Department of Vehicle Regulation shall by regulation require, and such flares,
lanterns, or other signals shall be utilized as required by the regulations.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 173, sec. 6, effective July 12, 2006. -- Amended
1962 Ky. Acts ch. 91, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 2739g-69d.
Notes of Decisions
Cited in
9
cases, 1950–1998 · leading case:
Floyd v. Gray, 657 S.W.2d 936 (Ky. 1983).
Floyd v. Gray, 657 S.W.2d 936 (Ky. 1983).
· cites it 2× “KRS 189.070. The collision in this case occurred early in the morning and there was evidence that the accident occurred within a few minutes after Mr.”
Duncan v. Wiseman Baking Co., 357 S.W.2d 694 (Ky. Ct. App. 1962).
· cites it 3× “” The statute, KRS 189.070(2), provides: “Whenever any motor truck and its lighting equipment are disabled during the period when lighted lamps must be illuminated on vehicles and the truck cannot immediately be removed from the main traveled portion of a highway outside of a…”
Harry Holder Motor Co. v. Davidson, 243 S.W.2d 926 (Ky. Ct. App. 1951).
“Subsection (a), based upon KRS 189.070, set forth appellant’s duties with respect to carrying on the wrecker, flares, electric lanterns and other signals.”
Smith v. Collins, 277 S.W.2d 38 (Ky. Ct. App. 1955).
“It is noted that KRS 189.070(2) provides flares should be set during the period when lights on vehicles must be illuminated “Whenever any motor truck and its lighting equipment are disabled”.”
Armes v. Armes, 424 S.W.2d 137 (Ky. Ct. App. 1967).
· cites it 2× “Applying this test to the facts of the instant case, we have reached the conclusion that the placing of a stalled truck upon Highway 15 in the dead of night, and the failure to place flares or other devices upon the highway as required by KRS 189.070, and the failure to have…”
Branch v. Whitaker, 294 S.W.2d 948 (Ky. Ct. App. 1956).
“3” which allowed the jury to determine, in addition, - whether Horn should have put out flares in' the manner prescribed by KRS 189.070(2); It is thus apparent plaintiff’s contention as to “Instruction No.”
Dixon v. Commonwealth, 982 S.W.2d 222 (Ky. Ct. App. 1998).
“Next, the Commonwealth argues that even though, at the time of his arrest on November 18, 1996, Dixon could become eligible for reinstatement by complying with KRS 189.070(3), his license nevertheless remained suspended for violation of KRS 189A.”
Looney v. Wilkerson, 242 S.W.2d 637 (Ky. Ct. App. 1951).
“- It did' not have any lights, flares or other signals- set out to warn the traveling public of its condition, as required by KRS 189.070(2).' The truck did turn on its headlights immediately before the accident, but the sudden glare from its lights -had a blinding .”
— Ky. Rev. Stat. § 189.070(2) — 4 cases
Duncan v. Wiseman Baking Co., 357 S.W.2d 694 (Ky. Ct. App. 1962).
“” The statute, KRS 189.070(2), provides: “Whenever any motor truck and its lighting equipment are disabled during the period when lighted lamps must be illuminated on vehicles and the truck cannot immediately be removed from the main traveled portion of a highway outside of a…”
Smith v. Collins, 277 S.W.2d 38 (Ky. Ct. App. 1955).
“It is noted that KRS 189.070(2) provides flares should be set during the period when lights on vehicles must be illuminated “Whenever any motor truck and its lighting equipment are disabled”.”
Branch v. Whitaker, 294 S.W.2d 948 (Ky. Ct. App. 1956).
“3” which allowed the jury to determine, in addition, - whether Horn should have put out flares in' the manner prescribed by KRS 189.070(2); It is thus apparent plaintiff’s contention as to “Instruction No.”
Looney v. Wilkerson, 242 S.W.2d 637 (Ky. Ct. App. 1951).
“- It did' not have any lights, flares or other signals- set out to warn the traveling public of its condition, as required by KRS 189.070(2).' The truck did turn on its headlights immediately before the accident, but the sudden glare from its lights -had a blinding .”
— Ky. Rev. Stat. § 189.070(3) — 1 case
Dixon v. Commonwealth, 982 S.W.2d 222 (Ky. Ct. App. 1998).
“Next, the Commonwealth argues that even though, at the time of his arrest on November 18, 1996, Dixon could become eligible for reinstatement by complying with KRS 189.070(3), his license nevertheless remained suspended for violation of KRS 189A.”
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treatment. Dots show Syfertize treatment of the citing case itself.