HB5287 S T&I AM #1 3-6

Casey  7988

 

The Committee on Transportation and Infrastructure moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:

 

ARTICLE 14. MISCELLANEOUS RULES.

 

§17C-14-16. Approaching highway maintenance vehicles or disabled vehicles; penalties.

(a) The driver of any vehicle approaching a highway maintenance vehicle or disabled vehicle shall:

(1) Proceed with due caution;

(2) Yield the right-of-way by making a lane change not adjacent to that of the highway maintenance vehicle or disabled vehicle, if possible with regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; and

(3) Reduce speed to a safe level for road conditions.

(b) For purposes of this section:

(1) "Disabled vehicle" means a motor vehicle that is stationary due to disability of the driver or because the motor vehicle is physically or mechanically incapable of being operated safely, which also displays a warning signal, such as emergency flashers, hazard lights, flares, or retroreflective warning sign.

(2) "Highway maintenance vehicle" means a vehicle in use by the state, political subdivision, or contractor of the state or political subdivision, to maintain, repair, replace, construct, or otherwise improve public highways, bridges, facilities, or infrastructure located within a public right-of-way, which also displays a warning signal, such as flashing lights, hazard lights, flares, or retroreflective warning sign.

(c) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and, upon a third or subsequent conviction within two years thereafter, shall be fined not more than $500.

 

 

Adopted

Rejected