HB5287 SFA Takubo #2 3-7
Mowen 7888
Senator Takubo moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
(a) An allopathic or osteopathic physician traveling in response to an emergency call is exempt from the provisions of §17C-6-1, §17C-6-2, and §17C-6-3 of this code, if the vehicle used by the physician displays an emblem approved by the West Virginia Board of Medicine and the West Virginia Board of Osteopathic Medicine indicating that the vehicle is owned by the licensed physician and responding to an emergency call.
(b) The provisions of this section do not relieve the physician from the duty to drive with due care for the safety of all persons using the highway, and they do not protect the physician from the consequences of acting in reckless disregard for the safety of others.
(c) The West Virginia Board of Medicine and West Virginia Board of Osteopathic Medicine shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code, that set forth criteria for a physician to request an emblem from the respective boards, grounds to use the emblem, and an administrative penalty if the emblem is used in inappropriate circumstances.
(a) The driver of any vehicle approaching a highway maintenance vehicle or disabled vehicle shall:
(1) Proceed with due care;
(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