HB 1469 — Modifying provisions relating to approaching emergency or work zones and tow truck operators.

H-1754.3SUBSTITUTEH-0849.1HOUSE HOUSE BILL 1469State of Washington66th Legislature2019 Regular SessionByHouseSessionByRepresentatives Transportation (originally sponsored by Representatives Jenkin, Chapman, Lovick, Young, Ryu, Orcutt, McCaslin, and Barkis)READBarkisRead FIRSTfirst TIMEtime 02/28/19.AN01/23/19.Referred to Committee on Transportation.AN ACT Relating to approaching emergency or work zones and tow truck operators;

RCW 46.61.212 and 2018 c 18 s 2 are each amended to read as follows:(1) ((TheThe driver of any motor vehicle, upon approaching))Anapproaching an emergency or work zone((,zone, which))which is defined as the adjacent lanes of the roadway two hundred feet before and after:(a)after A(a) a stationary authorized emergency vehicle that is making use of audible and/or visual signals meeting the requirements of RCW 46.37.190((,));(b)46.37.190, A(b) a tow truck that is making use of visual red lights meeting the requirements of RCW 46.37.196((,));(c)46.37.196, Other(c) other vehicles providing roadside assistance that are making use of warning lights with three hundred sixty degree visibility((,));(d)visibility, A(d) a police vehicle properly and lawfully displaying a flashing, blinking, or alternating emergency light or lights((,));lights, or (e) a stationary or slow moving highway construction vehicle, highway maintenance vehicle, solid waste vehicle, or utility service vehicle making use of flashing lights that meet the requirements of RCW 46.37.300 or warning lights with three hundred sixty degree visibility shall:(i) On a highway having four or more lanes, at least two of which are intended for traffic proceeding in the same direction as the approaching vehicle, proceed with caution and((, if reasonable,))reduce the speed of the vehicle to fifty miles per hour or less and with due regard for safety and traffic conditions, yield the right-of-way by making a lane change or moving away from the lane or shoulder occupied by an emergency or work zone vehicle identified in this subsection (1) ((of this section));(ii) On a highway having less than four lanes, proceed with caution, reduce the speed of the vehicle to at least ten miles per hour below the posted speed limit, and, if reasonable, with due regard for safety and traffic conditions, and under the rules of this chapter, yield the right-of-way by passing to the left at a safe distance and simultaneously yield the right-of-way to all vehicles traveling in the proper direction upon the highway;

or(e)or(iii) AIf stationarychanging lanes or slow moving highwayaway constructionwould vehicle,be highwayunreasonable maintenance vehicle, solid waste vehicle, or utilityunsafe, serviceproceed vehiclewith makingdue usecaution ofand flashingreduce lights that meet the requirementsspeed of RCWthe 46.37.300vehicle.(2) orA warningperson lightsmay withnot threedrive hundreda sixtyvehicle degreein visibility.(2) The driver of any motor vehicle, upon approaching an emergency or work zone, shall:(((i)))(a) On a highway having four or more lanes, at least two of which are intended for traffic proceeding in the samearea directionwhere asa thetow approachingtruck vehicle,is proceed with caution and, if ((reasonable))the opportunity exists, with due regard for safety and traffic conditions, yield the right-of-way by making ause laneof changevisual orred movinglights awaymeeting from the lanerequirements or shoulder occupied by an emergency or work zone vehicle identified in subsection (1) of thisRCW section;(((ii)))(b)46.37.196, Onat a highwayspeed havinggreater less than four lanes, proceed with caution, reduce the ((posted)) speed oflimit theprovided vehicle,for and,in ifsubsection ((reasonable))the(1)(e)(i) opportunityor exists,(ii) withof duethis regardsection.(3) forA safetyperson andfound trafficto conditions,be andin underviolation the rules of this chapter,section, yieldor theany right-of-wayinfraction byrelating passing to thespeed leftrestrictions atin aan safeemergency distanceor andwork simultaneouslyzone, yieldmust thebe right-of-wayassessed toa allmonetary vehiclespenalty travelingequal into twice the properpenalty directionassessed uponunder theRCW highway;46.63.110.

or(((iii)))(c)This Ifpenalty changingmay lanesnot or moving away would be ((unreasonablewaived, or))reduced, unsafe,or proceedsuspended.(4) with due caution and reduce the speed of the vehicle to at least ten miles per hour below the posted speed limit.(((2)))(3) A person maywho notdrives drive a vehicle in an emergency or work zone atin such a speedmanner greateras thanto theendanger posted speed limit or greaterbe thanlikely what is permitted under subsection (2)(c) of this section.(((3)))(4) A person found to beendanger in violation of this section, or any infraction relating to speed restrictions in an emergency or work zone,zone mustworker beor assessedproperty ais monetaryguilty penaltyof equalreckless toendangerment twiceof theemergency penaltyor assessedwork underzone RCWworkers. 46.63.110.

ThisA penaltyviolation mayof notthis besubsection waived,is reduced,a orgross suspended.(((4)))(5)misdemeanor Apunishable personunder whochapter drives9A.20 aRCW.(5) vehicleThe indepartment anshall emergencysuspend orfor worksixty zonedays inthe suchdriver's alicense, mannerpermit as to endangerdrive, or benonresident likelydriving toprivilege endangerof anya emergencyperson orconvicted work zone worker or property is guilty of reckless endangerment of emergency or work zone workers.workers.--- END ---

A violation of this subsection is a gross misdemeanor punishable under chapter 9A.20 RCW.(((5)))(6) The department shall suspend for sixty days the driver's license, permit to drive, or nonresident driving privilege of a person convicted of reckless endangerment of emergency or work zone workers.--- END ---