00               SENATE CS FOR CS FOR HOUSE BILL NO. 438(STA)                                                             
01 "An Act relating to motorists moving over or slowing down for emergency vehicles."                                      
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 28.35 is amended by adding a new section to read:                                                 
04            Sec. 28.35.185.  Overtaking and passing a parked emergency vehicle.  (a)                                   
05       The driver of a vehicle that approaches a stationary emergency, fire, or law                                      
06       enforcement vehicle displaying flashing emergency lights on a highway or roadway                                  
07                 (1)  with two or more lanes traveling in the same direction, unless                                     
08       otherwise directed by law enforcement or emergency personnel, shall safely vacate the                             
09       lane closest to the emergency, fire, or law enforcement vehicle; or                                               
10                 (2)  unless otherwise directed by law enforcement or emergency                                          
11       personnel, shall slow to a reasonable and prudent speed considering the traffic,                                  
12       roadway, and weather conditions.                                                                                  
13            (b)  A person who violates this section is guilty of                                                         
14                 (1)  a class A misdemeanor if personal injury results from the person's                                 
15       failure to vacate the lane or slow as required by this section;                                                   

01                 (2)  an infraction, under circumstances other than in (1) of this                                       
02       subsection.