House Bill 842

AN ACT TO AMEND SECTION 63-3-809, MISSISSIPPI CODE OF 1972, TO REQUIRE MOTOR VEHICLE OPERATORS TO PERFORM CERTAIN TRAFFIC SAFETY MANEUVERS WHEN APPROACHING AUTHORIZED EMERGENCY VEHICLES POSITIONED ON OR ALONGSIDE OF A ROAD, STREET OR HIGHWAY IN THE PERFORMANCE OF EMERGENCY SERVICES; TO DOUBLE THE FINES OTHERWISE IMPOSED FOR A VIOLATION OF THIS SECTION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 63-3-809, Mississippi Code of 1972, is amended as follows:

63-3-809. (1) Upon the immediate approach of an authorized emergency vehicle, when the driver is giving audible signal by siren, exhaust whistle, or bell, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a law enforcement officer.

(2) When an authorized emergency vehicle is parked or positioned on or alongside of a road, street or highway in the performance of emergency services and is displaying blinking, oscillating or rotating lights, as authorized under Section 63-7-19, the operator of every other vehicle approaching the emergency vehicle, in an immediate but safe manner, except when otherwise directed by a law enforcement officer, shall:

(a) When driving on a roadway with two (2) or more lanes for vehicles traveling in the same direction, vacate the lane closest to the emergency vehicle; or

(b) When driving on a roadway with only one (1) lane for vehicles traveling in the same direction, slow to a speed of twenty (20) miles per hour less than the posted speed limit when the posted speed limit is twenty-five (25) miles per hour or greater, or slow to a speed of five (5) miles per hour when the posted speed limit is twenty (20) miles per hour or less.

(3) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

(4) Any person convicted for a violation of this section shall be subject to a fine of twice the amount of the fine otherwise imposed under Section 63-9-11.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.