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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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