The Law

IC 9-21-8-35 Emergency vehicles; yield of right-of-way

     Sec. 35. (a) Upon the immediate approach of an authorized emergency vehicle, when the person who drives the authorized emergency vehicle is giving audible signal by siren or displaying alternately flashing red, red and white, or red and blue lights, a person who drives another vehicle shall do the following unless otherwise directed by a law enforcement officer:

        (1) Yield the right-of-way.

        (2) Immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the highway clear of any intersection.

        (3) Stop and remain in the position until the authorized emergency vehicle has passed.

    (b) Upon approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a signal by displaying alternately flashing red, red and white, or red and blue lights, a person who drives an approaching vehicle shall:

        (1) proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or

        (2) proceeding with due caution, reduce the speed of the vehicle to a speed at least ten (10) miles per hour less than the posted speed limit, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.

    (c) Upon approaching a stationary recovery vehicle, a stationary utility service vehicle (as defined in IC 8-1-8.3-5), or a stationary road, street, or highway maintenance vehicle, when the vehicle is giving a signal by displaying alternately flashing amber lights, a person who drives an approaching vehicle shall:

(1) proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the recovery vehicle, utility service vehicle, or road, street, or highway maintenance vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or

(2) proceeding with due caution, reduce the speed of the vehicle to a speed at least ten (10) miles per hour less than the posted speed limit, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.

(d) This section does not operate to relieve the person who drives an authorized emergency vehicle, a recovery vehicle, a utility service vehicle, or a road, street, or highway maintenance vehicle from the duty to operate the vehicle with due regard for the safety of all persons using the highway.

 

ISP Urges Drivers to Move Over, Slow Down for Tow Trucks

Effective July 1, 2010, there were two changes to Indiana's Move Over Law. Motorists must reduce their vehicles speed 10 mph under the posted speed limit if they cannot move to an adjacent lane safely. Secondly, the update law now includes utility service vehicles.

The Indiana State Police reminds drivers that Indiana law requires motorists to approach cautiously when an emergency or highway maintenance vehicle is stopped on two or four lane roadways with emergency lights flashing.

This is the time of year when highway work crews are out in road construction zones repairing roadways through out Indiana. Use extra care and reduce your speed in these work zones.

On March 16, 2010, a construction worker was struck and killed by a vehicle on I-80 at the 12.6 mile-marker in Lake County while patching the road. Also on March 24, 2010, a worker was struck by a vehicle, and injured on I-65 at the 131 mile-marker in Boone County while performing survey work in the median.

Motorists must change lanes away from the emergency vehicle if they can do it safely. If not they must reduce their speed 10 mph under the posted speed limit and proceed with caution. We are asking motorists NOT TO STOP in the roadway, this may cause a chain reaction rear end collision with other vehicles, but to MOVE OVER and/or SLOW DOWN. As you are driving, plan well ahead by watching for these vehicles.

Indiana emergency vehicles include:

·        Police vehicles

·        Ambulances

·        Fire trucks and rescue equipment

·        Highway incident-response vehicles

·        Highway maintenance vehicles

·        Utility service vehicles (effective July 1, 2010)

·        Vehicle recovery equipment (tow trucks)

The intent of this law is to protect the emergency and highway personnel who serve the public. Please be alert when you see emergency lights flashing and give them room to do their job safely. Violating the law can result in a fine and your license will be suspended up to 2 years if you cause damage to emergency equipment, injury or death to an emergency worker.