North Dakota Code § 39-21-42

Certain vehicles to carry flares or other warning devices
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1. No person may operate any motor truck, passenger bus, or truck tractor, or any motor 
vehicle towing a housetrailer, upon any highway outside the corporate limits of 
municipalities at any time from a half hour after sunset to a half hour before sunrise 
unless there is carried in the vehicle the following equipment except as provided in 
subsection 2:
a. At least three flares or three red electric lanterns or three portable red emergency 
reflectors, each of which must be capable of being seen and distinguished at a 
distance of not less than six hundred feet [182.88 meters] under normal 
atmospheric conditions at nighttime. No flare, fusee, electric lantern, or cloth 
warning flag may be used for the purpose of compliance with the requirements of 
this section unless it is of a type which has been submitted to the department and 

approved by it. No portable reflector unit may be used for the purpose of 
compliance with the requirements of this section unless it meets the requirements 
of the national highway traffic safety administration motor vehicle safety standard 
number 125 or unless it is so designed and constructed as to include two 
reflecting elements one above the other, each of which must be capable of 
reflecting red light clearly visible from all distances within six hundred feet [182.88 
meters] to one hundred feet [30.48 meters] under normal atmospheric conditions 
at night when directly in front of lawful lower beams of headlamps, and unless it is 
of a type which has been submitted to the department and approved by it.
b. At least three red -burning fusees unless red electric lanterns or red portable 
emergency reflectors are carried.
c. At least two red-cloth flags, not less than twelve inches [30.48 centimeters] 
square, with standards to support such flags.
2. No person may operate at the time and under conditions stated in subsection 1 any 
motor vehicle used for the transportation of explosives, any cargo tank truck used for 
the transportation of flammable liquids or compressed gases, or any motor vehicle 
using compressed gas as a fuel unless there is carried in the vehicle three red electric 
lanterns or three portable red emergency reflectors meeting the requirements of 
subsection 1, and there shall not be carried in the vehicle any flare, fusee, or signal 
produced by flame.

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