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Ohio bulk flammable truck: 3 warning devices to price

CostDay Editorial Team · Posted · 12 min read

Ohio requires three red lanterns or reflectors on a truck hauling bulk flammable liquids or compressed gas, when the conditions in the section apply. When you price such a tank truck, the warning devices are easy to skim past. They sit near the end of the equipment list, next to the fire extinguisher and the wheel chocks. For this class of vehicle, though, the count can be set by state law, and a wrong count means either a bid that is short on parts or a truck that cannot legally run on the road.

Key takeaways

  • Before pricing a bulk flammable truck, read the warning-device rules for every state where the truck will operate.
  • If an Ohio bulk hauler's spec sheet lists road flares or fusees, remove them, because the statute forbids flame-based devices in that vehicle.
  • Do not accept a reflector quote unless the supplier provides the certification the rule describes.
  • Only drop the operating count when the customer provides a written basis for its work-area exemption.
  • Price disabled-vehicle devices separately from the operating count, and only after reading the placement rules they reference.

This post uses Ohio as the worked example because the Ohio Revised Code sets a specific count for this vehicle type. Other states handle warning devices differently, so read the rules for every state where your trucks will operate before you lock the line item.

What the Ohio rule asks for

The core Ohio requirement is in Ohio Revised Code 4513.27. It says no person shall operate, at the time and under the conditions stated in that section, any motor vehicle used in transporting flammable liquids in bulk, or in transporting compressed flammable gases, unless three red electric lanterns or three red reflectors are carried in the vehicle. The rule is written against the vehicle. The question it asks is what is carried in the truck, so the count belongs on the truck's equipment list, not on each compartment or trip.

The quote refers to "the conditions stated in this section." The estimator should read the rest of the section before deciding when the devices must be displayed. Do not assume the rule applies only at night or only on certain roads without reading that language.

The same section also says there shall not be carried in any such vehicle any flare, fusee, or signal produced by a flame. This matters for the equipment list. If a spec sheet for an Ohio bulk flammable hauler includes road flares or fusees, remove them. The statute does not allow flame-based devices in that vehicle, so a flare kit cannot be used to meet the count. The lanterns or reflectors are the devices the bid should carry instead.

There is also an exemption. The Ohio section does not apply to a person who operates a motor 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. For an estimator, that exemption depends on how the customer runs its work area. It is a fact to confirm with the customer's operations team and document. It is not a reason to drop the count from a bid by default.

Lanterns or reflectors: which one to price

Ohio lets the carrier choose between red electric lanterns and red reflectors. The reflector option carries a standard. The rule says the type of red reflectors shall comply with standards and specifications in effect on September 16, 1963 or later established by the interstate commerce commission, and must be certified as meeting those standards by underwriter's laboratories. The source is the same Section 4513.27 page.

Practically, this means a reflector quote is not complete until the supplier provides the certification the rule describes. Ask for the paperwork before you accept the price, and file it with the bid. A cheaper reflector without that certification does not meet the rule as written, so it is not a valid substitute for the line item, however good it looks on the spec sheet.

Do not write a description of electric lanterns that goes beyond the statute. Use the product's own specification, and confirm that it is a red electric lantern in the sense the statute uses. Price lanterns and reflectors as separate options in your working estimate. The decision between them should be made by the customer or the fleet manager before the bid goes out, because the purchasing path, paperwork, and cost can differ between the two.

Pricing the line item

Once you know the state and the cargo, the warning-device line is mostly a count and a choice of type. The table below lists the counts and placement terms from the sources cited here. Use it as a comparison, not as a complete legal summary.

Source What it states Scope or condition
Ohio 4513.27(B) Three red electric lanterns or three red reflectors Motor vehicles used for bulk flammable liquids or compressed flammable gases; applies under the conditions stated in the section
Ohio 4513.27, flare rule No flare, fusee, or flame-produced signal may be carried Same vehicles
Ohio 4513.28(2) Two other red electric lanterns or two other red reflectors, placed front and rear Placement "in the same manner prescribed for flares" in division (A)
Washington RCW 46.37.450, item (i) One about one hundred feet from the disabled vehicle, in the center of the lane, toward approaching traffic Vehicles referred to in that section, when disabled
Washington RCW 46.37.450, item (iii) One at the traffic side, not less than ten feet rearward or forward of the disabled vehicle Same vehicles

The Ohio count of three is the number to put on the bulk flammable or compressed gas truck. The Ohio 4513.28 row and the two Washington rows describe what happens when the truck is disabled, which is a different situation from routine operation. Keep the two cases separate in your estimate so that the line item and any roadside kit are not confused.

For the line itself, enter the quantity from the rule, not from the truck's current kit. If the existing spec has fewer devices, or has flares in place of lanterns, the bid needs to be corrected. The unit cost is for you to set from supplier quotes. Record the supplier, the product type, and the certification for each reflector in the bid file so the number can be defended later. For the wider bid file, see Job cost breakdown: 3 parts to check before you bid.

Illustrative example: correcting a spec sheet

Suppose a spec sheet for one Ohio bulk flammable truck lists 2 red electric lanterns and 1 road flare kit. The flare kit comes off the list, because the section forbids any flare, fusee, or flame-produced signal in that vehicle. The lantern line goes from 2 to 3, so the bid carries three red electric lanterns. Price the change as a correction to the existing line, and file the spec sheet and the supplier's product details with the bid.

Placement when a truck is disabled

Ohio's disabled-vehicle section is Ohio Revised Code 4513.28. Its placement language refers back to the flare placement rules in division (A). The two sections should be read together, and the full text of division (A) should be pulled before the roadside kit is priced.

Section 4513.28 says 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. Do not treat that as the same count as the three devices in the operating rule. The two sections describe different situations, and the placement language in division (A) decides how the devices are arranged. If the customer wants a roadside kit that covers both situations, price for the full set the rules describe, and confirm the count with the customer's safety lead.

The same section says that violating it is a minor misdemeanor. That is a reason to get the kit right at the time of the bid, not after the truck is delivered. It is also a reason to keep the disabled-vehicle devices in the equipment list, not just the operating devices.

Washington's rule is structured differently. The Washington statute on warning signals for disabled vehicles describes placement by distance and position. When a vehicle referred to in that section is disabled within five hundred feet of a curve, hillcrest, or other obstruction to view, the warning signal in that direction must be placed so as to afford ample warning to other road users, and in no case less than five hundred feet from the disabled vehicle. Washington's placement terms do not replace the Ohio count for bulk flammable trucks. It shows that the placement terms depend on the road and the sight lines around the disabled vehicle, so a route with curves or hills calls for a different roadside setup from a straight, open road. The bid should say which routes it assumes.

Other layers: Pennsylvania and federal parts

Some states build their rules by reference to federal regulations. Pennsylvania's regulation, 67 Pa. Code § 229.14, says the Department incorporates by reference portions of 49 CFR relating to transportation, subject to sections 229.3 and 229.15, which cover definitions and additions or modifications to 49 CFR. One of the portions it lists is Part 393, described as relating to parts and accessories necessary for safe operation.

That reference is a reason to check the cited text before you assume the Pennsylvania count is the same as Ohio's, or that it is absent. Check whether Part 393 sets warning devices for bulk flammable trucks, and read the modifications in section 229.15. Pull both before you price a truck that will run in Pennsylvania. Do not infer a count from the incorporation alone.

For an estimator, the practical lesson is that a bid may need to meet more than one state's rules. If a truck runs through Ohio and Pennsylvania, the Ohio count is clear from the statute, but the Pennsylvania position is open until the cited federal portions are read. Do not write the Pennsylvania line from the Ohio number alone. Keep a short note on each state where the truck will run, showing the section you read, the date you read it, and the count it gives, or a plain statement that the count was not found.

Related guides: North Carolina truck size limits: 3 checks for a haul bid · 2 inputs that set New York highway use tax on a truck.

Questions to ask the customer before the bid

Some of the answers that change the warning-device line are not on the spec sheet. They come from the customer, and it is faster to ask before the bid than to correct it afterward. Start with the routes. Which states will the truck run in, and do any of the routes pass through the kind of work area the Ohio exemption describes? Next, ask what cargo the truck will haul in each run. A truck that hauls bulk flammable liquids on one contract and compressed flammable gas on another falls under the same Ohio language, but the customer should confirm that the truck is in scope for each job.

Ask who owns the roadside kit. Some fleets stock the disabled-vehicle devices on the truck, and others keep them in a service vehicle or at a depot. The Ohio disabled-vehicle section sets placement terms that apply to the disabled vehicle, so the answer changes where the devices sit and how many the crew needs to carry on the truck. Ask, too, who will be responsible for replacing any device that is damaged or missing at inspection. That is a service cost, and it belongs in the bid, not in an unpriced note.

Finally, ask whether the customer has a written work-area designation. The Ohio exemption depends on protection equipment devices that are displayed and used under the manual the section names. If the customer has that designation, get a copy. If the customer does not, the exemption does not help the bid, and the count stays at three for the operating case. For the hours and tax side of a haul bid, see Haul truck bids: 6 checks for hours and tax.

A checklist for the estimate

Use this list each time a bulk flammable liquid or compressed flammable gas truck comes across your desk. Each step is short, and each one protects the bid.

  • Confirm the cargo. The Ohio count applies to vehicles used for bulk flammable liquids or compressed flammable gases. Confirm which cargo the truck will carry, not only what it is designed for.
  • Confirm the states of operation. List every state where the truck will run, and read the warning-device rule for each one.
  • Remove flares, fusees, and flame-produced signals from the kit in Ohio, since the section says none may be carried.
  • Choose lanterns or reflectors. Price each type, and for reflectors, require the certification the Ohio section describes before you accept the number.
  • Set the operating count. For an Ohio bulk flammable or compressed gas truck, the count is three red electric lanterns or three red reflectors when the vehicle operates under the conditions stated in Section 4513.27.
  • Check the work-area exemption only with documentation. The Ohio exemption depends on a designated work area and the manual the section names. Do not drop the count without the customer's written basis.
  • Read division (A) of the disabled-vehicle section, then price the roadside devices separately from the operating count.
  • Check Pennsylvania's incorporated federal rules, including Part 393, before pricing a truck that will run there.
  • Check the Washington placement terms if the truck will run there, and price for the distances and positions the statute describes.
  • File the sources and the dates you read them with the bid, so the count can be checked later.

What to do with this

The warning-device line looks small, but it is one of the few equipment items on a bulk flammable hauler that a statute can fix by number. Three is the Ohio count for the operating case. The lanterns or reflectors must be red, the reflectors must carry the certification the statute describes, and in Ohio, flares or flame-based signals must come off the list. The disabled-vehicle rules add a second layer with their own placement terms, and some states bring in federal regulations by reference. Read each layer, record what you found, and only then put a number and a price on the line.

Next step: Before your next bulk flammable bid, open the warning-device rule for each state on the route and write the section number and the date you read it in the bid file.

Frequently asked questions

Does the cargo change the Ohio count?

The count stays at three for either cargo type, so the cargo decides whether the Ohio rule applies at all.

Is a disabled-vehicle kit part of the operating count?

No. The disabled-vehicle section covers devices placed around a disabled truck, so give that kit its own line in the bid.

General information, not legal or tax advice.

Sources