05/03/2005 01:30 PM Senate TRANSPORTATION

      CSHB 268(JUD)-OVERTAKING/PASSING STATIONARY VEHICLES                                                                  
                                                                                                                                
1:40:05 PM                                                                                                                    
CHAIR CHARLIE HUGGINS  announced HB 268 to be the  first and only                                                               
order of business before the committee.                                                                                         
                                                                                                                                
JIM POUND, Staff to Representative  Jay Ramras, explained that HB
 adds  tow truck  drivers and animal  control vehicles  to the                                                               
list of vehicles for which  motorists must move into another lane                                                               
when the stopped  vehicle's caution lights are  flashing. This is                                                               
the same  requirement that is  applied to ambulance,  police, and                                                               
fire  vehicles. He  reiterated that  this only  applies when  the                                                               
vehicle is not moving.                                                                                                          
                                                                                                                                
CHAIR HUGGINS asked if the flashing lights were the key.                                                                        
                                                                                                                                
MR. POUND said that is correct.                                                                                                 
                                                                                                                                
CHAIR  HUGGINS   asked  if  any  emergency   personnel  expressed                                                               
opposition during the House hearings.                                                                                           
                                                                                                                                
MR. POUND replied there was no opposition expressed.                                                                            
                                                                                                                                
CHAIR HUGGINS said his only  concern is that people are creatures                                                               
of habit.  He referenced himself  and acknowledged  that although                                                               
he might slow down, he might  neglect to move over into the other                                                               
lane.                                                                                                                           
                                                                                                                                
MR. POUND responded he's sure the police have discretion.                                                                       
                                                                                                                                
SENATOR GENE THERRIAULT asked what the  fine would be if a driver                                                               
were stopped for not moving into the next lane.                                                                                 
                                                                                                                                
MR.  POUND  replied  if  there   is  no  injury  it's  a  traffic                                                               
violation. If  there is injury,  then the infraction  is elevated                                                               
to a misdemeanor.                                                                                                               
                                                                                                                                
CHAIR HUGGINS noted  the zero fiscal note and asked  for the will                                                               
of the committee.                                                                                                               
                                                                                                                                
SENATOR  JOHN  COWDERY  motioned  to  report  CSHB  268(JUD)  and                                                               
attached   fiscal   notes    from   committee   with   individual                                                               
recommendations. There being no objection, it was so ordered.