Senate Bill 3026

AN ACT TO REQUIRE THE DRIVER OF AN APPROACHING VEHICLE TO YIELD THE RIGHT-OF-WAY TO A PARKED OR DISABLED VEHICLE THAT IS STATIONARY AND TO PRESCRIBE PENALTIES; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Upon approaching a stationary parked or disabled vehicle located on the highway or the right-of-way, the person driving the approaching vehicle, proceeding with due caution, shall:

(a) Yield to the stationary vehicle by making a lane change into a lane not adjacent to that of the authorized emergency vehicle when on a highway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle, if possible considering safety and traffic conditions; or

(b) If changing lanes would be impossible or unsafe, reduce the speed of the vehicle while maintaining a safe speed for road conditions and being prepared to stop.

(2) A violation of this section shall be a misdemeanor punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00) unless there is property damage to the stationary vehicle or bodily harm to any driver or passenger of the stationary vehicle resulting from the violation, in which case the fine shall not exceed One Thousand Dollars ($1,000.00).

(4) This section shall not operate to relieve the driver of any vehicle from the duty to operate the vehicle with due regard for the safety of all persons using the highway.

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