Senate Bill sb0402c1

    Florida Senate - 2004                            CS for SB 402

    By the Committee on Transportation; and Senator Carlton





    306-1970-04

  1                      A bill to be entitled

  2         An act relating to emergency lights on

  3         vehicles; amending s. 316.2397, F.S.; requiring

  4         wreckers to display amber rotating or flashing

  5         lights in certain situations; amending s.

  6         316.126, F.S.; requiring drivers who are

  7         approaching a wrecker performing a recovery or

  8         loading on the roadside to take certain

  9         precautions; providing an effective date.

10  

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

12  

13         Section 1.  Subsection (3) of section 316.2397, Florida

14  Statutes, is amended to read:

15         316.2397  Certain lights prohibited; exceptions.--

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

17  including vehicles of volunteer firefighters as permitted

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

19  technicians of medical facilities licensed by the state as

20  authorized under s. 316.2398, ambulances as authorized under

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

22  316.2399 are permitted to show or display red lights. Vehicles

23  of the fire department, fire patrol, police vehicles, and such

24  ambulances and emergency vehicles of municipal and county

25  departments, public service corporations operated by private

26  corporations, the Department of Environmental Protection, the

27  Department of Transportation, and the Department of

28  Agriculture and Consumer Services as are designated or

29  authorized by their respective department or the chief of

30  police of an incorporated city or any sheriff of any county

31  are hereby authorized to operate emergency lights and sirens

                                  1

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






    Florida Senate - 2004                            CS for SB 402
    306-1970-04




 1  in an emergency. Wreckers, mosquito control fog and spray

 2  vehicles, and emergency vehicles of governmental departments

 3  or public service corporations may show or display amber

 4  lights when in actual operation or when a hazard exists

 5  provided they are not used going to and from the scene of

 6  operation or hazard without specific authorization of a law

 7  enforcement officer or law enforcement agency. Wreckers must

 8  may use amber rotating or flashing lights while performing

 9  recoveries and loading on the roadside day or night, and may

10  use such lights while towing a vehicle on wheel lifts, slings,

11  or under reach only if the operator of the wrecker deems such

12  lights necessary. A flatbed, car carrier, or rollback may not

13  use amber rotating or flashing lights when hauling a vehicle

14  on the bed unless it creates a hazard to other motorists

15  because of protruding objects. Further, escort vehicles may

16  will be permitted to show or display amber lights when in the

17  actual process of escorting overdimensioned equipment,

18  material, or buildings as authorized by law. Vehicles of

19  private watch, guard, or patrol agencies licensed pursuant to

20  chapter 493 may show or display amber lights while patrolling

21  condominium, cooperative, and private residential and business

22  communities by which employed and which traverse public

23  streets or highways.

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

25  Statutes, is amended to read:

26         316.126  Operation of vehicles and actions of

27  pedestrians on approach of authorized emergency vehicle.--

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

29  emergency vehicle, while en route to meet an existing

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

31  emergency vehicle is giving audible signals by siren, exhaust

                                  2

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






    Florida Senate - 2004                            CS for SB 402
    306-1970-04




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

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

 3  the emergency vehicle and shall immediately proceed to a

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

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

 6  intersection and shall stop and remain in position until the

 7  authorized emergency vehicle has passed, unless otherwise

 8  directed by any law enforcement officer.

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

10  any visual signals is parked or a wrecker displaying amber

11  rotating or flashing lights is performing a recovery or

12  loading on the roadside, the driver of every other vehicle, as

13  soon as it is safe:

14         1.  Shall vacate the lane closest to the emergency

15  vehicle or wrecker when driving on an interstate highway or

16  other highway with two or more lanes traveling in the

17  direction of the emergency vehicle or wrecker, except when

18  otherwise directed by a law enforcement officer.

19         2.  Shall slow to a speed that is 20 miles per hour

20  less than the posted speed limit when the posted speed limit

21  is 25 miles per hour or greater; or travel at 5 miles per hour

22  when the posted speed limit is 20 miles per hour or less, when

23  driving on a two-lane road, except when otherwise directed by

24  a law enforcement officer.

25         (c)  The Department of Highway Safety and Motor

26  Vehicles shall provide an educational awareness campaign

27  informing the motoring public about the Move Over Act. The

28  department shall provide information about the Move Over Act

29  in all newly printed driver's license educational materials

30  after July 1, 2002.

31  

                                  3

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






    Florida Senate - 2004                            CS for SB 402
    306-1970-04




 1  This section shall not relieve the driver of an authorized

 2  emergency vehicle from the duty to drive with due regard for

 3  the safety of all persons using the highway.

 4         Section 3.  This act shall take effect July 1, 2004.

 5  

 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                         Senate Bill 402

 8                                 

 9  The CS authorizes wreckers to use amber rotating or flashing
    lights while towing a vehicle on wheel lifts, slings, or under
10  reach if the operator of the wrecker deems such lights
    necessary.  Also, the CS provides that when a wrecker is
11  performing a recovery or loading on the roadside while
    displaying amber rotating or flashing lights, motorists are
12  to, as soon as it is safe, vacate the lane closest to the
    wrecker when driving on an interstate highway or other highway
13  with two or more lanes traveling in the direction of the
    emergency vehicle.  On two lane roads, motorists are required
14  to reduce their speed to 20 mph less than the posted speed
    limit when the posted speed limit is 25 mph or greater or slow
15  to a speed of 5 mph when the posted speed limit is 20 mph or
    less; unless otherwise instructed by a law enforcement
16  officer.

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

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