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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