Section 28.35.185. Overtaking and passing certain stationary vehicles.

   (a) The driver of a vehicle that approaches a stationary emergency vehicle, fire vehicle, law enforcement vehicle, tow truck in the act of picking up a vehicle, or animal control vehicle being used to perform official duties, when the stationary vehicle is displaying flashing emergency lights on a highway or roadway
        (1) with two or more lanes traveling in the same direction, unless otherwise directed by law enforcement or emergency personnel, shall
             (A) if possible in the existing safety and traffic conditions, vacate the lane closest to the emergency vehicle, fire vehicle, law enforcement vehicle, tow truck in the act of picking up a vehicle, or animal control vehicle being used to perform official duties; or
             (B) if a lane change under (A) of this paragraph would be impossible, prohibited by law, or unsafe, slow to a reasonable and prudent speed considering the traffic, roadway, and weather conditions;
        (2) with fewer than two lanes traveling in the same direction, unless otherwise directed by law enforcement or emergency personnel, shall slow to a reasonable and prudent speed considering the traffic, roadway, and weather conditions.
   (b) A person who violates this section is guilty of
        (1) a class A misdemeanor if personal injury results from the person's failure to vacate the lane or slow as required by this section;
        (2) an infraction, under circumstances other than in (1) of this subsection.

Notes

History

(Sec. 1 ch 44 SLA 2004; am Sec. 1 ch 49 SLA 2006; am Sec. 1 ch 7 SLA 2007)