10105244D
HOUSE BILL NO. 1159
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Transportation
on February 11, 2010)
(Patron Prior to Substitute--Delegate Oder [HB 403])
A BILL to amend and reenact §46.2-921.1 of the Code of
Virginia, relating to duties of drivers of vehicles approaching stationary
vehicles displaying certain warning lights.
Be it enacted by the General Assembly of Virginia:
1. That §46.2-921.1 of the Code of Virginia is amended and
reenacted as follows:
§46.2-921.1. Drivers to yield right-of-way or reduce speed
when approaching stationary emergency vehicles on highways; penalties.
A. The driver of any motor vehicle, upon approaching a
stationary emergency vehicle, as defined in §46.2-920, that is
displaying a flashing, blinking, or alternating emergency blue, red,
or amber light or lights as provided in §§46.2-1022, 46.2-1023,
and or 46.2-1024, or subdivision A 1 or A 2 of §46.2-1025
shall (i) on a highway having at least four lanes, at least two of which are
intended for traffic proceeding as the approaching vehicle, proceed with
caution and, if reasonable, with due regard for safety and traffic conditions,
yield the right-of-way by making a lane change into a lane not adjacent to the
stationary emergency vehicle or (ii) if changing lanes would be
unreasonable or unsafe, proceed with due caution and maintain a safe speed for
highway conditions.
Violation B. A violation of any provision of
this section shall constitute shall be punishable as a traffic
infraction, except that a second or subsequent violation of any provision of
this section, when such violation involved a vehicle with flashing, blinking,
or alternating blue or red lights, shall be punishable as a Class 1
misdemeanor.
C. If the violation resulted in damage to property of
another person, the court may, in addition, order the suspension of the
driver's privilege to operate a motor vehicle for not more than one year. If
the violation resulted in injury to another person, the court may, in addition
to any other penalty imposed, order the suspension of the driver's privilege to
operate a motor vehicle for not more than two years. If the violation resulted
in the death of another person, the court may, in addition to any other penalty
imposed, order the suspension of the driver's privilege to operate a motor
vehicle for two years.
D. The provisions of this section shall not apply in
highway work zones as defined in §46.2-878.1.
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