HB 1335

1
A bill to be entitled
2An act relating to emergency lights on vehicles; amending
3s. 316.2397, F.S.; requiring wreckers to display amber
4rotating or flashing lights in certain situations;
5amending s. 316.126, F.S.; requiring drivers who are
6approaching a wrecker performing a recovery or loading on
7the roadside to take certain precautions; providing an
8effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsection (3) of section 316.2397, Florida
13Statutes, is amended to read:
14     316.2397  Certain lights prohibited; exceptions.--
15     (3)  Vehicles of the fire department and fire patrol,
16including vehicles of volunteer firefighters as permitted under
17s. 316.2398, vehicles of medical staff physicians or technicians
18of medical facilities licensed by the state as authorized under
19s. 316.2398, ambulances as authorized under this chapter, and
20buses and taxicabs as authorized under s. 316.2399 are permitted
21to show or display red lights. Vehicles of the fire department,
22fire patrol, police vehicles, and such ambulances and emergency
23vehicles of municipal and county departments, public service
24corporations operated by private corporations, the Department of
25Environmental Protection, the Department of Transportation, and
26the Department of Agriculture and Consumer Services as are
27designated or authorized by their respective department or the
28chief of police of an incorporated city or any sheriff of any
29county are hereby authorized to operate emergency lights and
30sirens in an emergency. Wreckers, mosquito control fog and spray
31vehicles, and emergency vehicles of governmental departments or
32public service corporations may show or display amber lights
33when in actual operation or when a hazard exists provided they
34are not used going to and from the scene of operation or hazard
35without specific authorization of a law enforcement officer or
36law enforcement agency. Wreckers must may use amber rotating or
37flashing lights while performing recoveries and loading on the
38roadside day or night, and may use such lights while towing a
39vehicle on wheel lifts, slings, or under reach only if the
40operator of the wrecker deems such lights necessary. A flatbed,
41car carrier, or rollback may not use amber rotating or flashing
42lights when hauling a vehicle on the bed unless it creates a
43hazard to other motorists because of protruding objects.
44Further, escort vehicles may will be permitted to show or
45display amber lights when in the actual process of escorting
46overdimensioned equipment, material, or buildings as authorized
47by law. Vehicles of private watch, guard, or patrol agencies
48licensed pursuant to chapter 493 may show or display amber
49lights while patrolling condominium, cooperative, and private
50residential and business communities by which employed and which
51traverse public streets or highways.
52     Section 2.  Subsection (1) of section 316.126, Florida
53Statutes, is amended to read:
54     316.126  Operation of vehicles and actions of pedestrians
55on approach of authorized emergency vehicle.--
56     (1)(a)  Upon the immediate approach of an authorized
57emergency vehicle, while en route to meet an existing emergency,
58the driver of every other vehicle shall, when such emergency
59vehicle is giving audible signals by siren, exhaust whistle, or
60other adequate device, or visible signals by the use of
61displayed blue or red lights, yield the right-of-way to the
62emergency vehicle and shall immediately proceed to a position
63parallel to, and as close as reasonable to the closest edge of
64the curb of the roadway, clear of any intersection and shall
65stop and remain in position until the authorized emergency
66vehicle has passed, unless otherwise directed by any law
67enforcement officer.
68     (b)  When an authorized emergency vehicle making use of any
69visual signals is parked or a wrecker displaying amber rotating
70or flashing lights is performing a recovery or loading on the
71roadside, the driver of every other vehicle, as soon as it is
72safe:
73     1.  Shall vacate the lane closest to the emergency vehicle
74or wrecker when driving on an interstate highway or other
75highway with two or more lanes traveling in the direction of the
76emergency vehicle or wrecker, except when otherwise directed by
77a law enforcement officer.
78     2.  Shall slow to a speed that is 20 miles per hour less
79than the posted speed limit when the posted speed limit is 25
80miles per hour or greater; or travel at 5 miles per hour when
81the posted speed limit is 20 miles per hour or less, when
82driving on a two-lane road, except when otherwise directed by a
83law enforcement officer.
84     (c)  The Department of Highway Safety and Motor Vehicles
85shall provide an educational awareness campaign informing the
86motoring public about the Move Over Act. The department shall
87provide information about the Move Over Act in all newly printed
88driver's license educational materials after July 1, 2002.
89
90This section shall not relieve the driver of an authorized
91emergency vehicle from the duty to drive with due regard for the
92safety of all persons using the highway.
93     Section 3.  This act shall take effect July 1, 2004.


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