Text: SF02036 Text: SF02038 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 321.323A APPROACHING CERTAIN
1 2 STATIONARY VEHICLES.
1 3 1. The operator of a motor vehicle approaching a
1 4 stationary authorized emergency vehicle that is displaying
1 5 flashing yellow, amber, white, red, or red and blue lights
1 6 shall approach the authorized emergency vehicle with due
1 7 caution and regard for all other traffic and shall proceed in
1 8 one of the following manners, absent any other direction by a
1 9 peace officer:
1 10 a. (1) If the motor vehicle is traveling on a highway
1 11 with more than one lane proceeding in the same direction as
1 12 the motor vehicle, make a lane change into a lane not adjacent
1 13 to the authorized emergency vehicle if possible in the
1 14 existing safety and traffic conditions.
1 15 (2) If a lane change under subparagraph (1) would be
1 16 unlawful, impossible, or unsafe, reduce the speed of the motor
1 17 vehicle to a reasonable and proper speed for the existing road
1 18 and traffic conditions, which speed shall not exceed ten miles
1 19 per hour under the posted speed limit, and be prepared to
1 20 stop.
1 21 b. If the motor vehicle is traveling on a highway other
1 22 than a highway described in paragraph "a", reduce the speed of
1 23 the motor vehicle to a reasonable and proper speed for the
1 24 existing road and traffic conditions, which speed shall not
1 25 exceed ten miles per hour under the posted speed limit, and be
1 26 prepared to stop.
1 27 2. The operator of a motor vehicle approaching a
1 28 stationary towing or recovery vehicle, or a stationary highway
1 29 maintenance vehicle, that is displaying flashing yellow,
1 30 amber, or red lights shall approach the vehicle with due
1 31 caution and regard for all other traffic and shall proceed in
1 32 one of the following manners, absent any other direction by a
1 33 peace officer:
1 34 a. (1) If the motor vehicle is traveling on a highway
1 35 with more than one lane proceeding in the same direction as
2 1 the motor vehicle, make a lane change into a lane not adjacent
2 2 to the towing, recovery, or highway maintenance vehicle if
2 3 possible in the existing safety and traffic conditions.
2 4 (2) If a lane change under subparagraph (1) would be
2 5 unlawful, impossible, or unsafe, reduce the speed of the motor
2 6 vehicle to a reasonable and proper speed for the existing road
2 7 and traffic conditions, which speed shall not exceed ten miles
2 8 per hour under the posted speed limit, and be prepared to
2 9 stop.
2 10 b. If the motor vehicle is traveling on a highway other
2 11 than a highway described in paragraph "a", reduce the speed of
2 12 the motor vehicle to a reasonable and proper speed for the
2 13 existing road and traffic conditions, which speed shall not
2 14 exceed ten miles per hour under the posted speed limit, and be
2 15 prepared to stop.
2 16 3. For purposes of this section, "stationary" means parked
2 17 or standing on, or within twelve feet of, the highway.
2 18 Sec. 2. Section 805.8A, subsection 11, paragraph a, Code
2 19 Supplement 2001, is amended to read as follows:
2 20 a. For violations under sections 321.231, 321.323A,
2 21 321.367, and 321.368, the scheduled fine is thirty-five
2 22 dollars.
2 23 EXPLANATION
2 24 This bill creates new Code section 321.323A to require
2 25 operators of motor vehicles to take specified precautions when
2 26 approaching a stationary authorized emergency vehicle or a
2 27 stationary towing, recovery, or highway maintenance vehicle.
2 28 The bill requires the operator of an approaching motor
2 29 vehicle, absent another direction from a peace officer, to
2 30 change lanes to a lane that is not adjacent to the stationary
2 31 vehicle if the vehicle is traveling on a highway with more
2 32 than one lane proceeding in the same direction as the motor
2 33 vehicle. If such a lane change is unlawful, impossible, or
2 34 unsafe, the operator is required to reduce the speed of the
2 35 motor vehicle to a reasonable speed that does not exceed 10
3 1 miles per hour under the posted speed limit, and to be
3 2 prepared to stop. If the vehicle is traveling on a highway
3 3 with only one lane proceeding in the same direction as the
3 4 motor vehicle, the operator is also required to proceed at a
3 5 reasonable speed 10 miles under the posted speed limit and to
3 6 be prepared to stop. The requirement only applies when the
3 7 stationary vehicle is displaying the appropriate flashing
3 8 lights. For purposes of the bill, "stationary" means parked
3 9 or standing on, or within 12 feet of, the highway.
3 10 The bill also makes a violation of the new requirement a
3 11 simple misdemeanor punishable by a scheduled fine of $35.
3 12 LSB 6199XS 79
3 13 nh/cf/24
Text: SF02036 Text: SF02038 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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