SB 283 — Motor vehicles and traffic; first responders operating upon roadways, distinguished from pedestrians

SB283 INTRODUCEDENROLLED SB283 7S6SEE2-17S6SEE2-2 By Senator Hovey RFD:

04-Apr-24 Page 0 7S6SEE2-1SB283 04/03/2024Enrolled CMHEnrolled, (L)bmAn 2024-1377Act, 23 4Relating SYNOPSIS:to first responders;

Under existing law, drivers of motor vehicles are required to exercise due care to avoid colliding with a pedestrian and are required to yield the right-of-way to any pedestrian on a sidewalk.

This bill would require drivers to also exercise due care to avoid colliding with first responders and would require the driver to yield the right-of-way to first responders on a sidewalk.

This bill would specify that first responders are not deemed pedestrians when performing official duties in the course of employment or volunteer service.

A BILL TO BE ENTITLED AN ACT Relating to first responders;

and to require the driver of a vehicle to yield the right-of-way to a Page 1 SB283 INTRODUCED first responder on a sidewalk.

Page 1 SB283 Enrolled (5) Pursuing or apprehending an actual or suspected violator of the law.

"§32-5A-213 Notwithstanding other provisions of this chapter or the Page 2 SB283 INTRODUCED provisions of any local ordinance any provision of law to the contrary, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or first responder and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated, or intoxicated person." "§32-5A-218 The driver of a vehicle shall yield the right-of-way to any pedestrian or first responder on a sidewalk." "§32-1-1.1 The following words and phrases when used in this title shall have the following meanings respectively ascribed to them in this section, except when the context otherwise requires:

Any federal or state numbered Page 2 SB283 Enrolled route, controlled-access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways.

Such fire department vehicles, police vehicles, and ambulances as are publicly owned, and such other publicly or privately owned vehicles as are designated by the Secretary of the Alabama State Law Enforcement Agency or the chief of police of an incorporated Page 3 SB283 INTRODUCED city.

The territory contiguous to and 95 including a highway when within any 600 feet along the highway there are buildings in use for business or industrial purposes, including, but not limited to, hotels, banks, office buildings, railroad stations, and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.

The annulment or termination by formal action of the Secretary of the Alabama State Law Enforcement Agency of an individual's Page 3 SB283 Enrolled driver'sdriver license because of some error or defect in the license or because the licensee is no longer entitled to the license, but the cancellation of a license is without prejudice and application for a new license may be made at any time after such cancellation.

Every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as Page 4 SB283 INTRODUCED may be determined by the public authority having jurisdiction 95 over the highway, street, or roadway.

Page 4 SB283 Enrolled (12) DIRECTOR.

Page 5 SB283 INTRODUCED (14) DRIVER.

Class 3 electric bicycle means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when Page 5 SB283 Enrolled the bicycle reaches the speed of 28 miles per hour.

The term shall not include a motorized bicycle, motorized scooter, or Page 6 SB283 INTRODUCED motorized skateboard.

Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects Page 6 SB283 Enrolled or of destroying life or limb.

Page 7 SB283 INTRODUCED (23)(24) FOREIGN VEHICLE.

A trailer or semitrailer that has a chassis and exterior shell that is designed and constructed for use as a house trailer, as defined in paragraph a., but which is used Page 7 SB283 Enrolled instead permanently or temporarily for the advertising, sales, display, or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier.

Every vehicle designed and adapted exclusively for agricultural, horticultural, or livestock raising operations or for lifting or carrying an implement of husbandry and in either case not subject to Page 8 SB283 INTRODUCED registration if used upon the highways.

Page 8 SB283 Enrolled (30)(31) LICENSE or LICENSE TO OPERATE A MOTOR VEHICLE.

Every municipal and other local board or body having authority to enact laws relating to traffic under the Page 9 SB283 INTRODUCED constitution and laws of this state.

Every motorcycle, including every motor scooter, with a motor that produces not more than five brake horsepower nor exceeds 150 cubic centimeter engine displacement, and weighs less than 200 Page 9 SB283 Enrolled pounds fully equipped, and every bicycle with a motor attached.

Page 10 SB283 INTRODUCED (39)(40) OFFICIAL TRAFFIC-CONTROL DEVICES.

Page 10 SB283 Enrolled (44)(45) PERSON.

Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped Page 11 SB283 INTRODUCED loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.

A steam engine, electric or other motor, with or without cars coupled thereto, operated Page 11 SB283 Enrolled upon rails.

The territory contiguous Page 12 SB283 INTRODUCED to and including a highway not comprising a business district when the property on the highway for a distance of 300 feet or more is, in the main, improved with residences or residences and buildings in use for business.

Every motor vehicle designed and Page 12 SB283 Enrolled used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.

The area or space officially set Page 13 SB283 INTRODUCED apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

Page 13 SB283 Enrolled (62)(63) SECURITY AGREEMENT.

Every vehicle with or without Page 14 SB283 INTRODUCED motive power, other than a pole trailer, designed for carrying individuals or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.

Every tire of rubber or other Page 14 SB283 Enrolled resilient material which does not depend upon compressed air for the support of the load.

Ditch digging apparatus, well boring apparatus, and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other Page 15 SB283 INTRODUCED than truck tractors, ditchers, levelling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carry-alls and scrapers, power shovels and drag lines, and self-propelled cranes, and earth moving equipment.

A state, territory, or possession of the United States, the District of Columbia, the Commonwealth Page 15 SB283 Enrolled of Puerto Rico, or a province of Canada.

The entire width between boundary Page 16 SB283 INTRODUCED lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

Every motor vehicle which is propelled by electric power obtained from overhead Page 16 SB283 Enrolled trolley wires but not operated upon rails.

Page 17 SB283 INTRODUCED (81)(82) TRAILER.