Changes to Existing Law

The driver of an emergency vehicle that is stopped to respond to an emergency must mark the location by placing three flares or emergency reflective triangles on the roadway if: (1) Visibility is reduced due to: (a) Weather; (b) Terrain; (c) Time of day; (2) Road conditions at the time of the emergency reduce a driver's ability to slow or stop a motor vehicle; or (3) The nature of the emergency requires emergency vehicles to be at the location for an extended period of time. 25 If traffic on the roadway moves in two directions, one of the flares or emergency reflective triangles must be placed at least one hundred feet in the front, one at least one hundred feet to the rear, and one alongside the stopped emergency vehicle. Upon a one-way roadway or divided highway, one of the flares or emergency reflective triangles must be placed at least one hundred feet to the rear, one at least two hundred feet to the rear, and one alongside the stopped emergency vehicle.

The exemptions granted in subdivisions 32-31-2(2) and (3) to an authorized emergency vehicle apply only if the vehicle is making use of audible or visual signals meeting the requirements of law. However, the The exemption granted in subdivision 32-31-2(1) to an authorized emergency vehicle applies only if the driver of the emergency vehicle is making use of: (1) Using visual signals meeting the requirements of law; and (2) Has placed, as soon as practicable after stopping, three flares or emergency reflective triangles on the roadway, in the manner and as required by section 2 of this Act.

Any driver of a motor vehicle who, while violating § 32-31-6.1, causes an accident, is guilty of a Class 1 misdemeanor if: (1) The accident is with a stopped emergency vehicle making use of its red visual signals; or (2) The accident is with a stopped emergency vehicle marked additionally by flares or emergency reflective triangles in the circumstances described in section 2 of this Act; or (3) The accident is with any vehicle making use of amber, yellow, or blue warning lights and the vehicle is either stopped or occupying the shoulder of the highway. 16