Chief Sponsor: Mike K. McKell

Senate Sponsor: Daniel W. Thatcher


8     General Description:
9          This bill amends provisions related to a driver approaching an emergency vehicle.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the Traffic Code as it relates to the operator of a vehicle approaching a
13     stationary authorized emergency vehicle.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          41-6a-904, as last amended by Laws of Utah 2015, Chapter 412

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 41-6a-904 is amended to read:
24          41-6a-904. Approaching emergency vehicle -- Necessary signals -- Stationary
25     emergency vehicle -- Duties of respective operators.
26          (1) Except when otherwise directed by a peace officer, the operator of a vehicle, upon
27     the immediate approach of an authorized emergency vehicle using audible or visual signals

28     under Section 41-6a-212 or 41-6a-1625, shall:
29          (a) yield the right-of-way and immediately move to a position parallel to, and as close
30     as possible to, the right-hand edge or curb of the highway, clear of any intersection; and
31          (b) then stop and remain stopped until the authorized emergency vehicle has passed.
32          (2) The operator of a vehicle, upon approaching a stationary authorized emergency
33     vehicle that is displaying alternately flashing red, red and white, or red and blue lights, shall:
34          (a) reduce the speed of the vehicle to a speed that is reasonably safe based on
35     conditions that exist;
36          (b) provide as much space as practical to the stationary authorized emergency vehicle;
37     and
38          (c) if traveling in a lane adjacent to the stationary authorized emergency vehicle and if
39     practical, with due regard to safety and traffic conditions, make a lane change into a lane not
40     adjacent to the authorized emergency vehicle.
41          (3) The operator of a vehicle, upon approaching a stationary tow truck or highway
42     maintenance vehicle that is displaying flashing amber lights, shall:
43          (a) reduce the speed of the vehicle to a speed that is reasonably safe based on
44     conditions that exist; and
45          (b) provide as much space as practical to the stationary tow truck or highway
46     maintenance vehicle.
47          (4) This section does not relieve the operator of an authorized emergency vehicle, tow
48     truck, or highway maintenance vehicle from the duty to drive with regard for the safety of all
49     persons using the highway.
50          (5) (a) (i) In addition to the penalties prescribed under Subsection (7), a person who
51     violates this section shall attend a four hour live classroom defensive driving course approved
52     by:
53          (A) the Driver License Division; or
54          (B) a court in this state.
55          (ii) Upon completion of the four hour live classroom course under Subsection (5)(a)(i),
56     the person shall provide to the Driver License Division a certificate of attendance of the
57     classroom course.
58          (b) The Driver License Division shall suspend a person's driver license for a period of

59     90 days if the person:
60          (i) violates a provision of Subsections (1) through (3); and
61          (ii) fails to meet the requirements of Subsection (5)(a)(i) within 90 days of sentencing
62     for or pleading guilty to a violation of this section.
63          (c) Notwithstanding the provisions of Subsection (5)(b), the Driver License Division
64     shall shorten the 90-day suspension period imposed under Subsection (5)(b) effective
65     immediately upon receiving a certificate of attendance of the four hour live classroom course
66     required under Subsection (5)(a)(i) if the certificate of attendance is received prior to
67     completion of the suspension period.
68          (d) A person whose license is suspended under Subsection (5)(b) is required to pay the
69     license reinstatement fees under Subsection 53-3-105(23), including a person whose
70     suspension is shortened as described under Subsection (5)(c).
71          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
72     Driver License Division shall make rules to implement the provisions of this part.
73          (7) A violation of Subsection (1), (2), or (3) is a class C misdemeanor.

Legislative Review Note
Office of Legislative Research and General Counsel