Traffic law addresses emergency vehicle response

Following the passage of HB470, also known as the Yield-Slow Down-Move Over Act, earlier this year new requirements went into effect October 1 regarding how drivers must respond to emergency personnel and highway workers when stationary with their emergency lights and/or siren engaged. HB 470 amended several sections of the Montana Code Annotated that related to emergency vehicles, highway worker’s vehicles, and how the public shall respond when these vehicles have their lights or sirens on.

As detailed in MCA 61-8-388, when approaching a stationary emergency vehicle using its lights and/or siren, or a stationary highway worker vehicle using their lights, there are specific actions a driver must take. The driver must reduce their speed to the posted temporary speed limit, or if no temporary limit is posted, the driver must slow as regulated by the type of roadway they are traveling on. If driving on the interstate, the driver must slow to 20 MPH below the speed limit if they are able to move over to another lane, or slow to half the speed limit if the driver is unable to move to another lane. If driving on a state highway or county road, the driver must slow by 30 MPH below the speed limit if they can move to another lane, or slow to half the speed limit if unable to move to another lane. On any other roadway, the driver must slow to half the speed limit. Additionally, drivers must follow any flagger instructions or instructions on a temporary sign board, if in use. Otherwise, the driver is to move, if possible, to a lane that is not adjacent to the lane containing an emergency vehicle or highway worker or to move over as far as safely possible for the circumstances. Not following these requirements will find you in violation of MCA 61-8-389, leading to a citation for reckless endangerment of emergency personnel or highway workers.

If convicted, the driver would be subject to the penalties laid out in MCA 61-8-715. A first conviction is punishable by imprisonment for a term of not more than 90 days, a fine of $100 to $500, or both. A second or subsequent conviction results in a possible punishment of imprisonment for not less than five days or more than six months, a fine of $500 to $1,000, or both. If the offense led to the death or serious bodily injury of another person, the punishment increases to a fine not exceeding $10,000, incarceration for a term not to exceed one year, or both.

Also going into effect on October 1, following the passage of both HB470 and HB374, the legislature created a new traffic offense for failing to yield to an emergency vehicle. As laid out in MCA 61-8-387, when approached by a law enforcement vehicle or emergency vehicle using its siren or emergency lights, drivers must yield the right-of -way, cautiously pull over to a position parallel to and as close to the right-hand edge of the roadway as possible, and remain stationary until the emergency vehicle has passed. If the driver is found in violation of these rules, they will be punished accordingly as laid forth in MCA 61-8-715. The first conviction is punishable by a fine of $500 to $1,000 and/or 50 to 100 hours of community service, a second conviction results in a fine of $1,000 to $2,000 and/or 100 to 200 hours of community service, and a third or subsequent conviction will require a fine of $3,000 to $5,000 and/or imprisonment for a term of not less than 30 days.