Bill Text: MS HB1146 | 2014 | Regular Session | Introduced
Bill Title: Official vehicles; add sanitation vehicles to vehicles protected from motorist.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2014-02-04 - Died In Committee [HB1146 Detail]
Download: Mississippi-2014-HB1146-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Transportation; Judiciary B
By: Representative Huddleston (15th)
House Bill 1146
AN ACT TO AMEND SECTIONS 63-3-809 AND 63-3-903, MISSISSIPPI CODE OF 1972, TO REQUIRE MOTOR VEHICLE OPERATORS TO PERFORM CERTAIN TRAFFIC MANEUVERS WHEN APPROACHING SANITATION VEHICLES; 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) Upon approaching a stationary authorized emergency vehicle, when such vehicle is giving a signal by use of flashing, blinking, oscillating or rotating lights, as authorized under Section 63-7-19, a person who drives an approaching vehicle shall:
(a) Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a roadway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or
(b) Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions and being prepared to stop, if changing lanes would be impossible or unsafe.
(3) Upon approaching a stationary recovery vehicle, a utility service vehicle, a sanitation vehicle or a highway maintenance vehicle, when such vehicle is giving a signal by use of authorized flashing lights, a person who drives an approaching vehicle shall:
(a) Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to the stationary recovery vehicle, the utility service vehicle, sanitations vehicle or the highway maintenance vehicle, if possible with due regard to safety and traffic conditions, if on a roadway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or
(b) Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions and being prepared to stop, if changing lanes would be impossible or unsafe.
(4) For purposes of this section, unless the context otherwise clearly requires:
(a) "Highway maintenance vehicle" means a vehicle used for the maintenance of highways and roadways in this state and is:
(i) Owned or operated by the Department of Transportation, a county, a municipality or other political subdivision of this state; or
(ii) Owned or
operated by a contractor under contract with the Department of Transportation,
a county, a municipality or other political subdivision of this state * * *.
(b) "Recovery vehicle" means a truck that is specifically designed for towing a disabled vehicle or a combination of vehicles.
(c) "Utility service vehicle" means a vehicle used by any person, municipality, county, electric cooperative, corporation, board, commission, district or any entity created or authorized by public act, private act or general law to provide electricity, natural gas, water, waste water services, telecommunications services or any combination thereof, for sale to consumers in any particular service area, or by any contractor under contract with any such entity.
(d) "Sanitation vehicle" means any vehicle used solely for the purpose of collecting solid waste.
(5) A violation of this section is a misdemeanor punishable by a fine:
(a) Of not more than Two Hundred Fifty Dollars ($250.00); or
(b) Of not more than One Thousand Dollars ($1,000.00) if violation of this section results in:
(i) Property damage to the emergency vehicle, highway maintenance vehicle, utility service vehicle or recovery vehicle; or
(ii) Bodily injury to the driver or a passenger of any such vehicle.
(6) This section shall not operate to relieve the driver of an authorized emergency vehicle, a recovery vehicle, a utility service vehicle or a highway maintenance vehicle from the duty to drive with due regard for the safety of all persons using the roadway.
SECTION 2. Section 63-3-903, Mississippi Code of 1972, is amended as follows:
63-3-903. (1) No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or improved or main traveled part of any highway outside of a business or residence district when it is practical to stop, park or so leave such vehicle off such part of said highway. In every event, however, a clear and unobstructed width of at least twenty (20) feet of such part of the highway opposite such standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicle be available from a distance of two hundred (200) feet in each direction upon such highway.
(2) This section shall not apply to the driver of any vehicle which is disabled while on the paved or improved or main traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position.
(3) Any vehicle used solely for the purpose of collecting solid waste, under a contract with any county, municipality, resident or business for the collection of solid waste may stop or stand on the road, street or highway for the sole purpose of collecting solid waste. Such solid waste collection vehicle shall maintain hazard lights on the vehicle at all times that it is engaged in stopping or standing for the purpose of solid waste collection. Vehicles approaching such vehicles shall conform to the provisions of Section 63-3-809.
SECTION 3. This act shall take effect and be in force from and after July 1, 2014.
