Oklahoma Statutes

Okla. Stat. tit. 47, § 12-408 (2026)

Display of warning devices when vehicle disabled

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A. Whenever any truck, except a lightweight vehicle, or any bus, truck-tractor, trailer, semitrailer, or pole trailer, or any motor vehicle towing a manufactured home is disabled upon the traveled portion of any highway or the shoulder thereof outside of any municipality at any time when lighted lamps are required on

vehicles, the driver of such vehicle shall display the following warning devices upon the highway during the time the vehicle is so disabled on the highway except as provided in subsection B of this section: 1. A lighted fusee, a lighted red electric lantern or a portable red emergency reflector shall be immediately placed at the traffic side of the vehicle in the direction of the nearest approaching traffic. 2. As soon thereafter as possible but in any event within the burning period of the fusee, the driver shall place three liquid- burning flares, or three lighted red electric lanterns or three portable red emergency reflectors on the traveled portion of the highway in the following order: a. one approximately one hundred (100) feet from the disabled vehicle in the center of the lane occupied by such vehicle and toward traffic approaching in that lane, b. one approximately one hundred (100) feet in the opposite direction from the disabled vehicle and in the center of the traffic lane occupied by such vehicle, and c. one at the traffic side of the disabled vehicle not less than ten (10) feet rearward or forward thereof in the direction of the nearest approaching traffic. If a lighted red electric lantern or a red portable emergency reflector has been placed at the traffic side of the vehicle in accordance with paragraph 1 of subsection A of this section, it may be used for this purpose. B. Whenever any vehicle referred to in this section is disabled within five hundred (500) feet of a curve, hillcrest or other obstruction to view, the warning signal in that direction shall be so placed as to afford ample warning to other users of the highway, but in no case less than one hundred (100) feet nor more than five hundred (500) feet from the disabled vehicle. C. Whenever any vehicle of a type referred to in this section is disabled upon any roadway of a divided highway during the times specified in subsection B of Section 12-201 of this title, the appropriate warning devices prescribed in subsections A and E of this section shall be placed as follows: 1. One at a distance of approximately two hundred (200) feet from the vehicle in the center of the lane occupied by the stopped vehicle and in the direction of traffic approaching in that lane; 2. One at a distance of approximately one hundred (100) feet from the vehicle, in the center of the lane occupied by the vehicle and in the direction of traffic approaching in that lane; and

3. One at the traffic side of the vehicle and approximately ten (10) feet from the vehicle in the direction of the nearest approaching traffic. D. Whenever any vehicle 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 at any time when the display of fusees, flares, red electric lanterns or portable red emergency reflectors is not required, the driver of the vehicle shall display two red flags upon the roadway in the lane of traffic occupied by the disabled vehicle, one at a distance of approximately one hundred (100) feet in advance of the vehicle, and one at a distance of approximately one hundred (100) feet to the rear of the vehicle. E. Whenever any motor vehicle used in the transportation of explosives or any cargo tank truck used for the transportation of any flammable liquid or compressed flammable gas is disabled upon a highway of this state at any time or place mentioned in subsection A of this section, the driver of such vehicle shall immediately display the following warning devices: One red electric lantern or portable red emergency reflector placed on the roadway at the traffic side of the vehicle, and two red electric lanterns or portable red reflectors, one placed approximately one hundred (100) feet to the front and one placed approximately one hundred (100) feet to the rear of this disabled vehicle in the center of the traffic lane occupied by such vehicle. Flares, fusees or signals produced by flame shall not be used as warning devices for disabled vehicles of the type mentioned in this paragraph. F. The flares, fusees, red electric lanterns, portable red emergency reflectors and flags to be displayed as required in this section shall conform with the applicable requirements of Section 12-407 of this title. G. The provisions of this section shall not apply to vehicles bearing farm tags and used exclusively for the purpose of farming and ranching. Added by Laws 1961, p. 410, § 12-408. Amended by Laws 1981, c. 118, § 8; Laws 2003, c. 411, § 60, eff. Nov. 1, 2003.

Notes of Decisions
Cited in 3 cases, 1972–1996 · leading case: Dirickson v. Mings, 910 P.2d 1015 (Okla. 1996).
Dirickson v. Mings, 910 P.2d 1015 (Okla. 1996). · cites it 3× “1991, § 11-1001, 3 and additionally failed to employ any warning device pursuant to 47 O.S.1991, § 12-408. 4 Although we do not decide whether either of the cited statutes were violated, 5 a violation of a statute or city ordinance constitutes actionable negligence only where…”
Robinson v. State Stove & Mfg. Co., 518 P.2d 902 (Okla. Civ. App. 1973). · cites it 3× “” Notwithstanding the contentions of the defendant to the contrary, paragraph (a) of 47 O.S.1971, § 12-408, applied if defendant’s truck and trailer were stopped entirely on the shoulder; and if any part of defendant’s truck or trailer remained on the roadway of the divided…”
Levi v. Ashland Oil & Refining Co., 496 P.2d 370 (Okla. 1972). “*373 47 O.S.1971, § 12-408, provides in specific detail the type and placement of warning devices to be used when a vehicle such as Ashland’s truck-trailer is disabled upon the traveled portion of a highway, or the shoulder thereof.”
Okla. Stat. tit. 47, § 12-408(a): 2 cases
Dirickson v. Mings, 910 P.2d 1015 (Okla. 1996). “1991, § 11-1001, 3 and additionally failed to employ any warning device pursuant to 47 O.S.1991, § 12-408. 4 Although we do not decide whether either of the cited statutes were violated, 5 a violation of a statute or city ordinance constitutes actionable negligence only where…”
Robinson v. State Stove & Mfg. Co., 518 P.2d 902 (Okla. Civ. App. 1973). “” Notwithstanding the contentions of the defendant to the contrary, paragraph (a) of 47 O.S.1971, § 12-408, applied if defendant’s truck and trailer were stopped entirely on the shoulder; and if any part of defendant’s truck or trailer remained on the roadway of the divided…”
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.