41-6a-904.  Approaching emergency vehicle — Necessary signals — Stationary emergency vehicle — Duties of respective operators.

(1)  Except when otherwise directed by a peace officer, the operator of a vehicle, upon the immediate approach of an authorized emergency vehicle using audible or visual signals under Section 41-6a-212 or 41-6a-1625, shall:

Terms Used In Utah Code 41-6a-904

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Authorized emergency vehicle: includes :
(a) fire department vehicles;
(b) police vehicles;
(c) ambulances; and
(d) other publicly or privately owned vehicles as designated by the commissioner of the Department of Public Safety. See Utah Code 41-6a-102
  • Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
  • Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or more highways that join one another. See Utah Code 41-6a-102
  • Operator: means :
    (a) a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-102
  • parking: means the standing of a vehicle, whether the vehicle is occupied or not. See Utah Code 41-6a-102
  • Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
  • Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
  • Right-of-way: means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under circumstances of direction, speed, and proximity that give rise to danger of collision unless one grants precedence to the other. See Utah Code 41-6a-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
  • Truck: means a motor vehicle designed, used, or maintained primarily for the transportation of property. See Utah Code 41-6a-102
  • Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
    • (a)  yield the right-of-way and immediately move to a position parallel to, and as close as possible to, the right-hand edge or curb of the highway, clear of any intersection; and

    (b)  then stop and remain stopped until the authorized emergency vehicle has passed.

    • (2) 

    (a)  The operator of a vehicle, upon approaching a stationary authorized emergency vehicle that is displaying alternately flashing red, red and white, or red and blue lights, shall:

    (i)  reduce the speed of the vehicle;

    (ii)  provide as much space as practical to the stationary authorized emergency vehicle; and

    (iii)  if traveling in a lane adjacent to the stationary authorized emergency vehicle and if practical, with due regard to safety and traffic conditions, make a lane change into a lane not adjacent to the authorized emergency vehicle.

    (b) 

    (i)  If the operator of a vehicle is traveling in an HOV lane, upon approaching a stationary authorized emergency vehicle that is displaying alternately flashing red, red and white, or red and blue lights, the requirements in Subsection (2)(a) apply.

    (ii)  The operator of a vehicle traveling in an HOV lane, upon approaching a stationary authorized emergency vehicle that is displaying alternately flashing red, red and white, or red and blue lights, shall, if practical, with due regard to safety and traffic conditions, make a lane change out of the HOV lane into a lane not adjacent to the authorized emergency vehicle.

    (3) 

    (a)  The operator of a vehicle, upon approaching a stationary tow truck or highway maintenance vehicle that is displaying flashing amber lights, shall:

    (i)  reduce the speed of the vehicle;

    (ii)  provide as much space as practical to the stationary tow truck or highway maintenance vehicle; and

    (iii)  if traveling in a lane adjacent to the stationary tow truck or highway maintenance vehicle, if practical and with due regard to safety and traffic conditions, make a lane change into a lane not adjacent to the tow truck or highway maintenance vehicle.

    (b) 

    (i)  If the operator of a vehicle is traveling in an HOV lane, upon approaching a stationary tow truck or highway maintenance vehicle that is displaying flashing amber lights, the requirements in Subsection (3)(a) apply.

    (ii)  The operator of a vehicle traveling in an HOV lane, upon approaching a stationary tow truck or highway maintenance vehicle that is displaying flashing amber lights, shall, if practical, with due regard to safety and traffic conditions, make a lane change out of the HOV lane into a lane not adjacent to the tow truck or highway maintenance vehicle.

    (4) 

    (a)  The operator of a vehicle, upon approaching a stationary vehicle adjacent to a highway that is not parked in an apparent legal parking area that has flashing hazard lights illuminated, shall:

    (i)  reduce the speed of the vehicle;

    (ii)  provide as much space as practical to the stationary vehicle; and

    (iii)  if traveling in a lane adjacent to the stationary vehicle, if practical and with due regard to safety and traffic conditions, make a lane change into a lane not adjacent to the stationary vehicle.

    (b) 

    (i)  If the operator of a vehicle is traveling in an HOV lane, upon approaching a stationary vehicle as described in Subsection (4)(a), the requirements in Subsection (4)(a) apply.

    (ii)  The operator of a vehicle traveling in an HOV lane, upon approaching a stationary vehicle as described in Subsection (4)(a), shall, if practical, with due regard to safety and traffic conditions, make a lane change out of the HOV lane into a lane not adjacent to the stationary vehicle.

    (5)  When an authorized emergency vehicle is using audible or visual signals under Section 41-6a-212 or 41-6a-1625, the operator of a vehicle may not:

    (a)  follow closer than 500 feet behind the authorized emergency vehicle;

    (b)  pass the authorized emergency vehicle, if the authorized emergency vehicle is moving; or

    (c)  stop the vehicle within 500 feet of a fire apparatus which has stopped in answer to a fire alarm.

    (6)  This section does not relieve the operator of an authorized emergency vehicle, tow truck, or highway maintenance vehicle from the duty to drive with regard for the safety of all persons using the highway.

    (7) 

    (a) 

    (i)  In addition to the penalties prescribed under Subsection (9), a person who violates this section shall attend a four hour live classroom defensive driving course approved by:

    (A)  the Driver License Division; or

    (B)  a court in this state.

    (ii)  Upon completion of the four hour live classroom course under Subsection (7)(a)(i), the person shall provide to the Driver License Division a certificate of attendance of the classroom course.

    (b)  The Driver License Division shall suspend a person’s driver license for a period of 90 days if the person:

    (i)  violates a provision of Subsections (1) through (3); and

    (ii)  fails to meet the requirements of Subsection (7)(a)(i), within 90 days of sentencing for or pleading guilty to a violation of this section.

    (c)  Notwithstanding the provisions of Subsection (7)(b), the Driver License Division shall shorten the 90-day suspension period imposed under Subsection (7)(b) effective immediately upon receiving a certificate of attendance of the four hour live classroom course required under Subsection (7)(a)(i), if the certificate of attendance is received before the completion of the suspension period.

    (d)  A person whose license is suspended under Subsection (7)(b) and a person whose suspension is shortened as described under Subsection (7)(c) shall pay the license reinstatement fees under Subsection 53-3-105(26).

    (8)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Driver License Division shall make rules to implement the provisions of this part.

    (9)  A violation of Subsection (1), (2), (3), (4), or (5) is an infraction.

    Amended by Chapter 219, 2023 General Session

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