The Law

60-6,378. Stopped authorized emergency vehicle or road assistance vehicle; driver; duties; violation; penalty.

(1)(a) A driver in a vehicle on a controlled-access highway approaching or passing a stopped authorized emergency vehicle or road assistance vehicle which makes use of proper audible or visual signals shall proceed with due care and caution as described in subdivision (b) of this subsection.

(b) On a controlled-access highway with at least two adjacent lanes of travel in the same direction on the same side of the highway where a stopped authorized emergency vehicle or road assistance vehicle is using proper audible or visual signals, the driver of the vehicle shall proceed with due care and caution and yield the right-of-way by moving into a lane at least one moving lane apart from the stopped authorized emergency vehicle or road assistance vehicle unless directed otherwise by a peace officer or other authorized emergency personnel. If moving into another lane is not possible because of weather conditions, road conditions, or the immediate presence of vehicular or pedestrian traffic or because the controlled-access highway does not have two available adjacent lanes of travel in the same direction on the same side of the highway where such a stopped authorized emergency vehicle or road assistance vehicle is located, the driver of the approaching or passing vehicle shall reduce his or her speed, maintain a safe speed with regard to the location of the stopped authorized emergency vehicle or road assistance vehicle, the weather conditions, the road conditions, and vehicular or pedestrian traffic, and proceed with due care and caution or proceed as directed by a peace officer or other authorized emergency personnel or road assistance personnel.

(c) Any person who violates this subsection is guilty of a traffic infraction for a first offense and Class IIIA misdemeanor for a second or subsequent offense.

(2) The Department of Roads shall erect and maintain or cause to be erected and maintained signs giving notice of subsection (1) of this section along controlled-access highways.

(3) Enforcement of subsection (1) of this section shall not be accomplished using simulated situations involving an authorized emergency vehicle or a road assistance vehicle.

(4) This section does not relieve the driver of an authorized emergency vehicle or a road assistance vehicle from the duty to drive with due regard for the safety of all persons using the highway.

(5) For purposes of this section, road assistance vehicle includes a vehicle operated by the Department of Roads, a Nebraska State Patrol motorist assistance vehicle, and a United States Department of Transportation registered towing or roadside assistance vehicle. A road assistance vehicle shall emit a warning signal utilizing properly displayed emergency indicators such as strobe, rotating, or oscillating lights when stopped along a highway.

 

Nebraska DOT Urges Drivers to Move Over, Slow Down for Emergency Vehicles

A new law designed to protect those who work along highways and interstates.

The “move over law” was approved by the State Legislature in 2008. It requires motorists to move over if they come upon an emergency vehicle parked on any multi-lane road. The goal is to protect law enforcement officers and emergency workers.

Omaha firefighter Tom Bartek knows what working in high traffic areas is like. He, along with fellow firefighter Seth Gruber, were hit while working an accident along Omaha’s interstate system in November.

“There was a vehicle that lost control on the bridge and immediately came toward us and struck us both,” Bartek said.

Bartek suffered a broken arm, wrist and a lacerated liver.

New signs will be going up across the state letting drivers know about the new law. Gov. Dave Heineman unveiled the signs at a news conference Thursday morning.

Lawmakers who designed the law hope it will reduce the number of injuries, accidents and close calls on the highways.

As for Bartek, he hopes the law makes his job a little less dangerous.

“Hopefully this law will help people realize that they need to slow down and they need to move over, which will undoubtedly save lives,” he said.

Violations of the move over law carry a maximum fin of $100 for the first offense. Any offense thereafter carries up to seven days in jail and a fine of $500.