An Act to modify requirements for a vehicle approaching a vehicle that is stopped or occupying the shoulder of the highway with warning lights flashing.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 32-31-6.1 be AMENDED:

32-31-6.1. Upon approaching from any direction any stopped authorized emergency vehicle making use of red visual signals meeting the requirements of this title, the driver of every other a motor vehicle shall come to a complete stop before reaching the stopped emergency vehicle and may, unless otherwise directed, proceed with caution only after ascertaining that it is safe to do so, and upon.

Upon approaching from any direction any stopped vehicle making use of that is either stopped or occupying the shoulder of the highway, and using amber, yellow, or blue warning lights, the driver of every any other motor vehicle shall must:

(1) If driving on an interstate highway or other highway with two or more lanes traveling in the same direction as the vehicle, merge into the lane farthest from the vehicle at least three hundred feet before the vehicle and proceed with caution, unless otherwise directed; or

(2) If driving on a two lane two-lane highway, at least three hundred feet before the vehicle, slow to a speed that is at least twenty miles per hour less than the posted speed limit or five miles per hour when the speed limit is posted at twenty miles per hour or less and proceed with caution, unless otherwise directed.

A violation of this section is a Class 2 misdemeanor and has a minimum fine of two hundred seventy dollars.

Section 2. That § 32-31-6.2 be AMENDED:

32-31-6.2. Any person driver of a motor vehicle who, while violating § 32-31-6.1, causes an accident, is guilty of a Class 1 misdemeanor if the:

(1) The accident is with a stopped emergency vehicle making use of its red visual signals; or

(2) The accident is with any stopped vehicle making use of amber, yellow, or blue warning lights and the vehicle is either stopped or occupying the shoulder of the highway.