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Tennessee Legislator Expands Right-of-Way Law for Passing Stationary Vehicles on Side of Road

Posted on May 28 2017 4:02PM by Attorney, Jason A. Lee

As many in Tennessee are aware, a few years ago the Tennessee Legislator passed T.C.A. § 55-8-132 which provides that when an individual passes a stationary emergency vehicle on the side of the road, there are certain requirements to try to pull over or slow down, depending on the road conditions. Previously, this applied only to emergency vehicles that were using flashing light.  The prior statutory language was as follows:

 

(a) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of the applicable laws of this state, or of a police vehicle properly and lawfully making use of an audible signal only:

(1) The driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection, and shall stop and remain in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer; and

(2) Upon the approach of an authorized emergency vehicle, as stated above , the operator of every streetcar shall immediately stop the streetcar clear of any intersection and keep it in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

(b) Upon approaching a stationary authorized emergency vehicle, when the vehicle is giving a signal by use of flashing 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, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.

 

However, the 2017 Tennessee Legislator expanded this law to now apply to any “stationary motor vehicle”.  This was done in Public Chapter No. 95, signed into law by Governor Bill Haslam on April 4, 2017 and effective on July 1, 2017.

 

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TAGS: Automobile/Motorcycle Liability, 2017 Tennessee Legislation Comments [0]
  
 
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Jason A. Lee is a Member of Burrow Lee, PLLC. He practices in all areas of defense litigation inside and outside of Tennessee.

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Tennessee Defense Litigation Blog
Jason A. Lee, Member of Burrow Lee, PLLC
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E-mail: jlee@burrowlee.com

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