60-6,378 Stopped authorized emergency vehicle or road assistance vehicle; driver; duties; violation; penalty. - Nebraska Statutes

60-6,378. Stopped authorized emergency vehicleor road assistance vehicle; driver; duties; violation; penalty.(1)(a) A driverin a vehicle on a controlled-access highway approaching or passing a stoppedauthorized emergency vehicle or road assistance vehicle which makes use ofproper audible or visual signals shall proceed with due care and caution asdescribed in subdivision (b) of this subsection.(b) On a controlled-accesshighway with at least two adjacent lanes of travel in the same direction onthe same side of the highway where a stopped authorized emergency vehicleor road assistance vehicle is using proper audible or visual signals, thedriver of the vehicle shall proceed with due care and caution and yield theright-of-way by moving into a lane at least one moving lane apart from thestopped authorized emergency vehicle or road assistance vehicle unless directedotherwise by a peace officer or other authorized emergency personnel. If movinginto another lane is not possible because of weather conditions, road conditions,or the immediate presence of vehicular or pedestrian traffic or because thecontrolled-access highway does not have two available adjacent lanes of travelin the same direction on the same side of the highway where such a stoppedauthorized emergency vehicle or road assistance vehicle is located, the driverof the approaching or passing vehicle shall reduce his or her speed, maintaina safe speed with regard to the location of the stopped authorized emergencyvehicle or road assistance vehicle, the weather conditions, the road conditions,and vehicular or pedestrian traffic, and proceed with due care and cautionor proceed as directed by a peace officer or other authorized emergency personnelor road assistance personnel.(c) Any person who violates this subsectionis guilty of a traffic infraction for a first offense and Class IIIA misdemeanorfor a second or subsequent offense.(2) The Department of Roads shall erect and maintainor cause to be erected and maintained signs giving notice of subsection (1)of this section along controlled-access highways.(3) Enforcement of subsection(1) of this section shall not be accomplished using simulated situations involvingan authorized emergency vehicle or a road assistance vehicle.(4) This sectiondoes not relieve the driver of an authorized emergency vehicle or a road assistancevehicle from the duty to drive with due regard for the safety of all personsusing the highway.(5) For purposes of this section, road assistance vehicle includesa vehicle operated by the Department of Roads, a Nebraska State Patrol motoristassistance vehicle, and a United States Department of Transportation registeredtowing or roadside assistance vehicle. A road assistance vehicle shall emita warning signal utilizing properly displayed emergency indicators such asstrobe, rotating, or oscillating lights when stopped along a highway. SourceLaws 2009, LB92, § 2.