The Committee on Education and Public Works proposes the following Amendment No. 1 to H. 4454 (COUNCIL\CM\4454C001.GT.CM19):

Reference is to the bill as introduced.

Amend the bill, as and if amended, by striking Section 56-5-1539, as contained in SECTION 2 on pages 3 and 4 and inserting:

/"Section 56-5-1539. (A) A traffic incident scene is a location designated by the presence of authorized emergency vehicles, Department of Transportation incident management vehicles, or recovery and towing vehicles, and is identified by emergency vehicles, rescue equipment, recovery and towing vehicles with flashing lights, emergency services personnel, or recovery or towing personnel on the scene.

(B) The driver of a vehicle shall maintain control of the vehicle when approaching or passing a traffic incident scene on or near the right of way of a street or highway. The exercise of control required for a driver to comply with this section is that control is possible and necessary by the driver to prevent a collision, to prevent injury to persons or property, and to avoid interference with the performance of duties by emergency personnel or recovery or towing personnel.

(C) A person driving a vehicle approaching a traffic incident scene shall proceed with due caution, significantly reduce the speed of the vehicle, and:

(1) yield the right of way by making a lane change into a lane not adjacent to the authorized emergency vehicle or recovery or towing vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; or

(2) maintain a safe speed for road conditions, if changing lanes is impossible or unsafe.

(D) A person who violates the provisions of this section is guilty of the misdemeanor of endangering emergency services, Department of Transportation, or recovery or towing personnel and, upon conviction, must be fined not less than three hundred dollars nor more than five hundred dollars.

(E) For purposes of this section:

(1) 'Authorized emergency vehicle' means any ambulance, police, fire, or rescue vehicle authorized by this State, county, or municipality to respond to a traffic incident. An authorized emergency vehicle must be identified by displaying alternately flashing red, red and white, blue, or red and blue lights.

(2) 'Department of Transportation incident management vehicle' means any department vehicle displaying red, white, or amber lights and providing traffic control at the traffic incident scene.

(3) 'Recovery or towing vehicle' means any recovery vehicle or wrecker equipped with amber or yellow flashing lights visible in all directions for a distance of five hundred feet in normal sunlight.

(4) 'Emergency services personnel' means fire, police, emergency medical services (EMS) personnel performing first responder duties.

(5) 'Recovery or towing personnel' means personnel employed by the recovery or towing service performing recovery or towing duties." /