Senate Bill sb0366

    Florida Senate - 2002                                   SB 366

    By Senator Crist





    13-379-02                                               See HB

  1                      A bill to be entitled

  2         An act relating to state uniform traffic

  3         control; creating the "Move Over Act"; amending

  4         s. 316.126, F.S.; providing requirements with

  5         respect to authorized emergency vehicles making

  6         use of visual signals when parked; amending s.

  7         316.2397, F.S.; authorizing wreckers to use

  8         amber rotating or flashing lights under certain

  9         circumstances; providing an effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Short title.--This act may be cited as the

14  "Move Over Act."

15         Section 2.  Subsection (1) of section 316.126, Florida

16  Statutes, is amended to read:

17         316.126  Operation of vehicles and actions of

18  pedestrians on approach of authorized emergency vehicle.--

19         (1)(a)  Upon the immediate approach of an authorized

20  emergency vehicle, while en route to meet an existing

21  emergency, the driver of every other vehicle shall, when such

22  emergency vehicle is giving audible signals by siren, exhaust

23  whistle, or other adequate device, or visible signals by the

24  use of displayed blue or red lights, yield the right-of-way to

25  the emergency vehicle and shall immediately proceed to a

26  position parallel to, and as close as reasonable to the

27  closest edge of the curb of the roadway, clear of any

28  intersection and shall stop and remain in position until the

29  authorized emergency vehicle has passed, unless otherwise

30  directed by any law enforcement officer.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                   SB 366
    13-379-02                                               See HB




  1         (b)  When an authorized emergency vehicle making use of

  2  any visual signals is parked, the driver of every other

  3  vehicle, as soon as it is safe:

  4         1.  Shall merge into the lane farthest from the

  5  emergency vehicle when driving on an interstate highway or

  6  other highway with two or more lanes traveling in the

  7  direction of the emergency vehicle, except when otherwise

  8  directed by a law enforcement officer.

  9         2.  Shall slow to speed that is 20 miles per hour less

10  than the posted speed limit when driving on a two-lane road,

11  except when otherwise directed by a police officer.

12

13  This section shall not operate to relieve the driver of an

14  authorized emergency vehicle from the duty to drive with due

15  regard for the safety of all persons using the highway.

16         Section 3.  Subsection (3) of section 316.2397, Florida

17  Statutes, is amended to read:

18         316.2397  Certain lights prohibited; exceptions.--

19         (3)  Vehicles of the fire department and fire patrol,

20  including vehicles of volunteer firefighters as permitted

21  under s. 316.2398, vehicles of medical staff physicians or

22  technicians of medical facilities licensed by the state as

23  authorized under s. 316.2398, ambulances as authorized under

24  this chapter, and buses and taxicabs as authorized under s.

25  316.2399 are permitted to show or display red lights.

26  Wreckers, mosquito control fog and spray vehicles, and

27  emergency vehicles of governmental departments or public

28  service corporations may show or display amber lights when in

29  actual operation or when a hazard exists provided they are not

30  used going to and from the scene of operation or hazard

31  without specific authorization of a law enforcement officer or

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                   SB 366
    13-379-02                                               See HB




  1  law enforcement agency. Wreckers may use amber rotating or

  2  flashing lights while performing recoveries and loading on

  3  roadside day or night, and while towing a vehicle on wheel

  4  lifts, slings, or underreach only if the operator of the

  5  wrecker deems such lights necessary. A flatbed, car carrier,

  6  or rollback may not use amber rotating or flashing lights when

  7  hauling a vehicle on the bed unless it creates a hazard to

  8  other motorists because of protruding objects. Further, escort

  9  vehicles will be permitted to show or display amber lights

10  when in the actual process of escorting overdimensioned

11  equipment, material, or buildings as authorized by law.

12  Vehicles of private watch, guard, or patrol agencies licensed

13  pursuant to chapter 493 may show or display amber lights while

14  patrolling condominium, cooperative, and private residential

15  and business communities by which employed and which traverse

16  public streets or highways.

17         Section 4.  This act shall take effect July 1, 2002.

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19            *****************************************

20                           HOUSE SUMMARY

21
      Creates the "Move Over Act." Provides that when an
22    authorized emergency vehicle making use of visual signals
      is parked, the driver of every other vehicle, when
23    driving on a highway with two lanes or more, traveling in
      the direction of the emergency vehicle shall merge into
24    the lane farthest from the emergency vehicle and when
      driving on a two-lane road, slow to a speed that is 20
25    miles per hour less than the posted speed limit.
      Authorizes wreckers to use amber rotating or flashing
26    lights under described circumstances. See bill for
      details.
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CODING: Words stricken are deletions; words underlined are additions.