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REFERENCE TITLE: yielding to emergency vehicles; penalties |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2294 |
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Introduced by Representatives Payne: Pingerelli
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AN ACT
amending section 28-775, Arizona Revised Statutes; relating to vehicle right-of-way.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-775, Arizona Revised Statutes, is amended to read:
28-775. Authorized emergency vehicles; approaching; following fire apparatus; passing stationary vehicles; violation; civil penalties; defensive driving schools; driver license examinations
A. Except when otherwise directed by a police officer, on the immediate approach of an authorized emergency vehicle that is equipped with at least one lighted lamp exhibiting a red or red and blue light or lens visible under normal atmospheric conditions from a distance of five hundred feet to the front of the vehicle and that is giving an audible signal by siren, exhaust whistle or bell, the driver of another vehicle shall:
1. Yield the right‑of‑way.
2. Immediately drive to a position parallel to and as close as possible to the right‑hand edge or curb of the roadway clear of any intersection.
3. Stop and remain in the position prescribed in paragraph 2 of this subsection until the authorized emergency vehicle has passed.
B. An authorized emergency vehicle being operated with activated emergency lights and siren is exempt from the requirements of this section.
C. The driver of a vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet or drive into or park the vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
D. When a police vehicle is giving a visual signal with at least one lighted red or red and blue light or lens and is giving an audible signal by siren, the driver of another vehicle:
1. Shall not approach or drive parallel to the police vehicle.
2. Shall maintain a distance of at least three hundred feet behind any police vehicle involved in an emergency until the police vehicle moves to the lane closest to the right-hand edge or curb of the roadway.
E. If a person who drives a vehicle approaches a stationary vehicle and the stationary vehicle is giving a signal by displaying alternately flashing lights or is displaying warning lights, the person shall do either of the following:
1. If on a highway having at least four lanes with at least two lanes proceeding in the same direction as the approaching vehicle, proceed with due caution and if possible, with due regard to safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to that of the stationary vehicle.
2. If changing lanes would be impossible or unsafe, proceed with due caution and reduce the speed of the vehicle, maintaining a safe speed for road conditions.
F. A person who violates subsection E of this section is subject to:
1. A civil penalty of $275 for a first violation.
2. A civil penalty of $500 for a second violation.
3. A civil penalty of $1,000 for a third or subsequent violation.
F. G. This section does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
G. H. Defensive driving school courses that are offered by defensive driving schools operated pursuant to chapter 8, article 7 of this title may include educational information relating to subsections D and E of this section. The department may shall include information relating to subsections D and E of this section in any of the department's examination, information or education material.
I. The department shall educate the public about this section periodically throughout the year and maintain information about this section on the department's website.
Sec. 2. Short title
Section 28-775, Arizona Revised Statutes, as amended by this act, may be cited as the "Arizona Move Over Law".