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