CHAPTER 366

FORMERLY

SENATE BILL NO. 331

AS AMENDED BY

SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES AND RULES OF THE ROAD.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend §4134(b), Title 21 of the Delaware Code by designating the entirety of the language of that subsection as subsection (c) thereof and adding a subsection “(b)” thereto to read as follows:

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

(1) proceed with caution and 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 roadway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or,

(2) proceed with caution and reduce the speed of the vehicle to a safe speed while passing the stationary authorized emergency vehicle, if changing lanes would be impossible or unsafe.

Section 2. The Office of Highway Safety shall develop and carry out a program to educate members of the public about drivers’ responsibility in regard to stationary authorized emergency vehicles.

Section 3. This Act shall not become effective until January 1, 2007.

Approved July 6, 2006