Ohio Rev. Code » Chapter 4513
Ohio Revised Code

Ohio Rev. Code § 4513.28 (2026)

Warning devices displayed on disabled vehicles

✓ current as of May 2026
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Effective:
October 16, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
PDF:
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(A) Whenever any motor truck, trackless trolley, bus, commercial tractor, trailer, semi-trailer, or pole trailer is disabled upon the traveled portion of any highway or the shoulder thereof outside of any municipality, or upon any freeway, expressway, thruway and connecting, entering or exiting ramps within a municipality, at any time when lighted lamps are required on vehicles and trackless trolleys, the operator of such vehicle or trackless trolley shall display the following warning devices upon the highway during the time the vehicle or trackless trolley is so disabled on the highway except as provided in division (B) of this section:

(1) A lighted fusee shall be immediately placed on the roadway at the traffic side of such vehicle or trackless trolley, unless red electric lanterns or red reflectors are displayed.

(2) Within the burning period of the fusee and as promptly as possible, three lighted flares or pot torches, or three red reflectors or three red electric lanterns shall be placed on the roadway as follows:

(a) One at a distance of forty paces or approximately one hundred feet in advance of the vehicle;

(b) One at a distance of forty paces or approximately one hundred feet to the rear of the vehicle or trackless trolley except as provided in this section, each in the center of the lane of traffic occupied by the disabled vehicle or trackless trolley;

(c) One at the traffic side of the vehicle or trackless trolley.

(B) Whenever any vehicle used in transporting flammable liquids in bulk, or in transporting compressed flammable gases, is disabled upon a highway at any time or place mentioned in division (A) of this section, the driver of such vehicle shall display upon the roadway the following warning devices:

(1) One red electric lantern or one red reflector shall be immediately placed on the roadway at the traffic side of the vehicle;

(2) Two other red electric lanterns or two other red reflectors shall be placed to the front and rear of the vehicle in the same manner prescribed for flares in division (A) of this section.

(C) When a vehicle of a type specified in division (B) of this section is disabled, the use of flares, fusees, or any signal produced by flame as warning signals is prohibited.

(D) Whenever any vehicle or trackless trolley of a type referred to in this section is disabled upon the traveled portion of a highway or the shoulder thereof, outside of any municipality, or upon any freeway, expressway, thruway and connecting, entering or exiting ramps within a municipality, at any time when the display of fusees, flares, red reflectors, or electric lanterns is not required, the operator of such vehicle or trackless trolley shall display two red flags upon the roadway in the lane of traffic occupied by the disabled vehicle or trackless trolley, one at a distance of forty paces or approximately one hundred feet in advance of the vehicle or trackless trolley, and one at a distance of forty paces or approximately one hundred feet to the rear of the vehicle or trackless trolley, except as provided in this section.

(E) The flares, fusees, lanterns, red reflectors, and flags to be displayed as required in this section shall conform with the requirements of section 4513.27 of the Revised Code applicable thereto.

(F) In the event the vehicle or trackless trolley is disabled near a curve, crest of a hill, or other obstruction of view, the flare, flag, reflector, or lantern in that direction shall be placed as to afford ample warning to other users of the highway, but in no case shall it be placed less than forty paces or approximately one hundred feet nor more than one hundred twenty paces or approximately three hundred feet from the disabled vehicle or trackless trolley.

(G) This section does not apply to the operator of any vehicle in a work area designated by protection equipment devices that are displayed and used in accordance with the manual adopted by the department of transportation under section 4511.09 of the Revised Code.

(H) Whoever violates this section is guilty of a minor misdemeanor.
Notes of Decisions
Cited in 4 cases, 1965–1987 · leading case: Smiddy v. Wedding Party, Inc., 506 N.E.2d 212 (Ohio 1987).
Sort: Relevance Newest Treatment
Smiddy v. Wedding Party, Inc., 506 N.E.2d 212 (Ohio 1987). · cites it 5× “I Appellee first maintains that Hesketh failed to comply with R.C. 4513.28(D) 2 and was therefore negligent per se.”
Campbell v. Daniels Motor Freight, Inc., 221 N.E.2d 470 (Ohio Ct. App. 1966). · cites it 4× “In failing to conclude as a matter of law that the position of the tractor was such as to require the placement of flags as prescribed by Section 4513.28, Revised Code; 3. In failing to find that the conduct of Kimmel in leaving his tractor in the position in which it was…”
Transp. Corp. v. Lenox Trucking, Inc., 238 N.E.2d 539 (Ohio 1968). · cites it 2× “vehicle was allowed to remain stationary, it was the obligation of the driver, Ebert, if there was sufficient time, to use the flares and fusees, which he testified were at his disposal, and place them lighted as prescribed by Section 4513.28, Revised Code, to adequately apprise…”
Ralston v. Stout, 205 N.E.2d 405 (Ohio Ct. App. 1965). · cites it 2× “Section 4513.28, Revised Code, at the time of this accident provided that lighted fusees, flares or flags should be placed at certain distances to the front or to the rear of disabled motor vehicles on the paved portions of the *497 highway.”
Ohio Rev. Code § 4513.28(D): 1 case
Smiddy v. Wedding Party, Inc., 506 N.E.2d 212 (Ohio 1987). “I Appellee first maintains that Hesketh failed to comply with R.C. 4513.28(D) 2 and was therefore negligent per se.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.