Representative Steve Eliason proposes the following substitute bill:


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MOVE OVER AMENDMENTS

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2016 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Steve Eliason

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Senate Sponsor: Curtis S. Bramble

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7     LONG TITLE
8     General Description:
9          This bill modifies the Traffic Code to allow lane changes across the double white lines
10     of an HOV lane for the safety of emergency vehicles.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends the Traffic Code to allow the operator of a vehicle to cross the double white
14     lines of an HOV lane to ensure the safety of emergency vehicles and emergency
15     services personnel; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          41-6a-904, as last amended by Laws of Utah 2015, Chapter 412
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 41-6a-904 is amended to read:
27          41-6a-904. Approaching emergency vehicle -- Necessary signals -- Stationary
28     emergency vehicle -- Duties of respective operators.
29          (1) Except when otherwise directed by a peace officer, the operator of a vehicle, upon
30     the immediate approach of an authorized emergency vehicle using audible or visual signals
31     under Section 41-6a-212 or 41-6a-1625, shall:
32          (a) yield the right-of-way and immediately move to a position parallel to, and as close
33     as possible to, the right-hand edge or curb of the highway, clear of any intersection; and
34          (b) then stop and remain stopped until the authorized emergency vehicle has passed.
35          (2) (a) The operator of a vehicle, upon approaching a stationary authorized emergency
36     vehicle that is displaying alternately flashing red, red and white, or red and blue lights, shall:
37          [(a)] (i) reduce the speed of the vehicle;
38          [(b)] (ii) provide as much space as practical to the stationary authorized emergency
39     vehicle; and
40          [(c)] (iii) if traveling in a lane adjacent to the stationary authorized emergency vehicle
41     and if practical, with due regard to safety and traffic conditions, make a lane change into a lane
42     not adjacent to the authorized emergency vehicle.
43          (b) (i) If the operator of a vehicle is traveling in an HOV lane, upon approaching a
44     stationary authorized emergency vehicle that is displaying alternately flashing red, red and
45     white, or red and blue lights, the requirements in Subsection (2)(a) apply.
46          (ii) The operator of a vehicle traveling in an HOV lane, upon approaching a stationary
47     authorized emergency vehicle that is displaying alternately flashing red, red and white, or red
48     and blue lights, shall, if practical, with due regard to safety and traffic conditions, make a lane
49     change out of the HOV lane into a lane not adjacent to the authorized emergency vehicle.
50          (3) (a) The operator of a vehicle, upon approaching a stationary tow truck or highway
51     maintenance vehicle that is displaying flashing amber lights, shall:
52          [(a)] (i) reduce the speed of the vehicle; and
53          [(b)] (ii) provide as much space as practical to the stationary tow truck or highway
54     maintenance vehicle.
55          (b) The operator of a vehicle traveling in an HOV lane, upon approaching a stationary
56     tow truck or highway maintenance vehicle that is displaying flashing amber lights, shall, if
57     practical, with due regard to safety and traffic conditions, make a lane change out of the HOV
58     lane into a lane not adjacent to the tow truck or highway maintenance vehicle.
59          (4) This section does not relieve the operator of an authorized emergency vehicle, tow
60     truck, or highway maintenance vehicle from the duty to drive with regard for the safety of all
61     persons using the highway.
62          (5) (a) (i) In addition to the penalties prescribed under Subsection (7), a person who
63     violates this section shall attend a four hour live classroom defensive driving course approved
64     by:
65          (A) the Driver License Division; or
66          (B) a court in this state.
67          (ii) Upon completion of the four hour live classroom course under Subsection (5)(a)(i),
68     the person shall provide to the Driver License Division a certificate of attendance of the
69     classroom course.
70          (b) The Driver License Division shall suspend a person's driver license for a period of
71     90 days if the person:
72          (i) violates a provision of Subsections (1) through (3); and
73          (ii) fails to meet the requirements of Subsection (5)(a)(i) within 90 days of sentencing
74     for or pleading guilty to a violation of this section.
75          (c) Notwithstanding the provisions of Subsection (5)(b), the Driver License Division
76     shall shorten the 90-day suspension period imposed under Subsection (5)(b) effective
77     immediately upon receiving a certificate of attendance of the four hour live classroom course
78     required under Subsection (5)(a)(i) if the certificate of attendance is received [prior to] before
79     the completion of the suspension period.
80          (d) A person whose license is suspended under Subsection (5)(b) [is required to pay the
81     license reinstatement fees under Subsection 53-3-105(23), including] and a person whose
82     suspension is shortened as described under Subsection (5)(c) shall pay the license reinstatement
83     fees under Subsection 53-3-105(23).
84          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
85     Driver License Division shall make rules to implement the provisions of this part.
86          (7) A violation of Subsection (1), (2), or (3) is a class C misdemeanor.