H.F. 161 Section 1. NEW SECTION . 321.361A Unattended law enforcement 1 vehicles. 2 1. An unattended vehicle which is owned or operated by a 3 state or local law enforcement agency and is positioned at a 4 location within or adjacent to the highway right-of-way for the 5 purpose of monitoring traffic or enforcing motor vehicle laws 6 without the immediate presence of a peace officer, including 7 but not limited to the enforcement of speed limits, shall be 8 clearly identified as a law enforcement vehicle. 9 2. This section shall not be construed to limit or prohibit 10 the use of an unmarked law enforcement vehicle for purposes 11 of motor vehicle law enforcement if the unmarked vehicle is 12 operated by a peace officer or when the temporary parking of an 13 unmarked law enforcement vehicle along a highway is incidental 14 to the use of the vehicle by a peace officer in the performance 15 of the peace officer’s duties. 16 3. This section is not intended to apply to or limit the 17 lawful use of unmarked vehicles by law enforcement agencies for 18 purposes other than motor vehicle law enforcement. 19 EXPLANATION 20 This bill prohibits the parking of unattended, unmarked 21 law enforcement vehicles within or adjacent to a highway 22 right-of-way for purposes of traffic monitoring or motor 23 vehicle law enforcement without the presence of a peace 24 officer. The bill specifically requires that any such 25 unattended vehicle be clearly identified as a law enforcement 26 vehicle. 27 The use of an unmarked law enforcement vehicle which is 28 operated by a peace officer in the enforcement of motor vehicle 29 laws is not limited or prohibited by the bill, nor is the 30 temporary parking of an unmarked vehicle along the highway in 31 the course of performing a peace officer’s duties. 32 The bill is not intended to apply to or limit the use of 33 unmarked law enforcement vehicles for purposes other than motor 34 vehicle law enforcement. 35 -1- LSB 1940YH (2) 84 dea/nh 1/ 1