Florida Senate - 2018                                     SB 116
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-00147-18                                            2018116__
    1                        A bill to be entitled                      
    2         An act relating to operation of vehicles; amending s.
    3         316.126, F.S.; requiring drivers to vacate lanes
    4         closest to, or reduce speed and pass, vulnerable road
    5         users, authorized emergency, sanitation, and utility
    6         service vehicles or workers, and wrecker operators
    7         under certain circumstances, subject to certain
    8         requirements; deleting requirements of drivers
    9         approaching certain authorized emergency vehicles,
   10         sanitation vehicles, utility service vehicles, and
   11         wreckers; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 316.126, Florida Statutes, is amended to
   16  read:
   17         316.126 Operation of vehicles and actions of pedestrians on
   18  approach of a vulnerable road user; an authorized emergency,
   19  sanitation, or utility service vehicle or worker; or a wrecker
   20  operator.—
   21         (1)(a) Upon the immediate approach of an authorized
   22  emergency vehicle, while en route to meet an existing emergency,
   23  the driver of every other vehicle shall, when such emergency
   24  vehicle is giving audible signals by siren, exhaust whistle, or
   25  other adequate device, or visible signals by the use of
   26  displayed blue or red lights, yield the right-of-way to the
   27  emergency vehicle and shall immediately proceed to a position
   28  parallel to, and as close as reasonable to the closest edge of
   29  the curb of the roadway, clear of any intersection and shall
   30  stop and remain in position until the authorized emergency
   31  vehicle has passed, unless otherwise directed by a law
   32  enforcement officer.
   33         (b) When approaching a vulnerable road user as defined in
   34  s. 316.027; an authorized emergency, sanitation, or utility
   35  service vehicle or worker; or a wrecker operator as defined in
   36  s. 1.01(15) performing his or her duties If an authorized
   37  emergency vehicle displaying any visual signals is parked on the
   38  roadside, a sanitation vehicle is performing a task related to
   39  the provision of sanitation services on the roadside, a utility
   40  service vehicle is performing a task related to the provision of
   41  utility services on the roadside, or a wrecker displaying amber
   42  rotating or flashing lights is performing a recovery or loading
   43  on the roadside, the driver of every other vehicle, as soon as
   44  it is safe:
   45         1. Shall vacate the lane closest to the vulnerable road
   46  user; authorized emergency vehicle, sanitation vehicle, or
   47  utility service vehicle or worker;, or wrecker operator
   48  performing his or her duties when driving on an interstate
   49  highway or other highway with two or more lanes traveling in the
   50  direction of the vulnerable road user; authorized emergency
   51  vehicle, sanitation vehicle, or utility service vehicle or
   52  worker;, or wrecker operator performing his or her duties,
   53  except when otherwise directed by a law enforcement officer. If
   54  such movement cannot be safely accomplished, the driver shall
   55  reduce speed and pass as provided in subparagraph 2.
   56         2. Shall slow to a speed that is 20 miles per hour less
   57  than the posted speed limit when the posted speed limit is 25
   58  miles per hour or greater; or travel at 5 miles per hour when
   59  the posted speed limit is 20 miles per hour or less, when
   60  driving on a two-lane road, except when otherwise directed by a
   61  law enforcement officer. The driver shall pass at a distance not
   62  less than 4 feet from the vulnerable road user; authorized
   63  emergency, sanitation, or utility service vehicle or worker; or
   64  wrecker operator performing his or her duties.
   65         (c) The department of Highway Safety and Motor Vehicles
   66  shall provide an educational awareness campaign informing the
   67  motoring public about the Move Over Act. The department shall
   68  provide information about the Move Over Act in all newly printed
   69  driver license educational materials.
   70         (2) Every pedestrian using the road right-of-way shall
   71  yield the right-of-way until the authorized emergency vehicle
   72  has passed, unless otherwise directed by a law enforcement
   73  officer.
   74         (3) An authorized emergency vehicle, when en route to meet
   75  an existing emergency, shall warn all other vehicular traffic
   76  along the emergency route by an audible signal, siren, exhaust
   77  whistle, or other adequate device or by a visible signal by the
   78  use of displayed blue or red lights. While en route to such
   79  emergency, the emergency vehicle shall otherwise proceed in a
   80  manner consistent with the laws regulating vehicular traffic
   81  upon the highways of this state.
   82         (4) This section does not diminish or enlarge any rules of
   83  evidence or liability in any case involving the operation of an
   84  emergency vehicle.
   85         (5) This section does not relieve the driver of an
   86  authorized emergency vehicle from the duty to drive with due
   87  regard for the safety of all persons using the highway.
   88         (6) A violation of this section is a noncriminal traffic
   89  infraction, punishable pursuant to chapter 318 as either a
   90  moving violation for infractions of subsection (1) or subsection
   91  (3), or as a pedestrian violation for infractions of subsection
   92  (2).
   93         Section 2. This act shall take effect July 1, 2018.