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. |