Indiana 2022 Regular Session

Indiana Senate Bill SB0092 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 92
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 9-21.
7	7	Synopsis: School bus stops. Provides that a person driving a vehicle
8	8	who approaches a stationary school bus displaying alternately flashing
9	9	amber lights must take certain actions to yield the right of way.
10	10	Provides that under certain conditions, including the display of
11	11	alternately flashing amber lights, a school bus driver may load or
12	12	unload students without extending the school bus stop arm.
13	13	Effective: July 1, 2022.
14	14	Bohacek
15	15	January 4, 2022, read first time and referred to Committee on Homeland Security and
16	16	Transportation.
17	17	2022 IN 92—LS 6086/DI 143 Introduced
18	18	Second Regular Session of the 122nd General Assembly (2022)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2021 Regular Session of the General Assembly.
28	28	SENATE BILL No. 92
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning
30	30	motor vehicles.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 9-21-8-35, AS AMENDED BY P.L.116-2020,
33	33	2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34	34	3 JULY 1, 2022]: Sec. 35. (a) Upon the immediate approach of an
35	35	4 authorized emergency vehicle, when the person who drives the
36	36	5 authorized emergency vehicle is giving audible signal by siren or
37	37	6 displaying alternately flashing red, red and white, or red and blue
38	38	7 lights, a person who drives another vehicle shall do the following
39	39	8 unless otherwise directed by a law enforcement officer:
40	40	9 (1) Yield the right-of-way.
41	41	10 (2) Immediately drive to a position parallel to and as close as
42	42	11 possible to the right-hand edge or curb of the highway clear of any
43	43	12 intersection.
44	44	13 (3) Stop and remain in the position until the authorized
45	45	14 emergency vehicle has passed.
46	46	15 (b) Upon approaching a stationary authorized emergency vehicle,
47	47	16 when the authorized emergency vehicle is giving a signal by displaying
48	48	17 alternately flashing red, red and white, or red and blue lights, a person
49	49	2022 IN 92—LS 6086/DI 143 2
50	50	1 who drives an approaching vehicle shall:
51	51	2 (1) proceeding with due caution, yield the right-of-way by making
52	52	3 a lane change into a lane not adjacent to that of the authorized
53	53	4 emergency vehicle, if possible with due regard to safety and
54	54	5 traffic conditions, if on a highway having at least four (4) lanes
55	55	6 with not less than two (2) lanes proceeding in the same direction
56	56	7 as the approaching vehicle; or
57	57	8 (2) proceeding with due caution, reduce the speed of the vehicle
58	58	9 to a speed at least ten (10) miles per hour less than the posted
59	59	10 speed limit, maintaining a safe speed for road conditions, if
60	60	11 changing lanes would be impossible or unsafe.
61	61	12 A person who violates this subsection commits a Class A infraction.
62	62	13 However, the violation is a Level 6 felony if the person's failure to
63	63	14 comply with this subsection results in serious bodily injury,
64	64	15 catastrophic injury, or death to any person operating, occupying, or
65	65	16 affiliated with an authorized emergency vehicle described in this
66	66	17 subsection.
67	67	18 (c) Upon approaching a stationary recovery vehicle, a stationary
68	68	19 utility service vehicle (as defined in IC 8-1-8.3-5), a stationary solid
69	69	20 waste hauler, a stationary road, street, or highway maintenance vehicle,
70	70	21 or a stationary survey or construction vehicle, when the vehicle is
71	71	22 giving a signal by displaying alternately flashing amber lights, a person
72	72	23 who drives an approaching vehicle shall:
73	73	24 (1) proceeding with due caution, yield the right-of-way by making
74	74	25 a lane change into a lane not adjacent to that of the recovery
75	75	26 vehicle, utility service vehicle, solid waste hauler, or road, street,
76	76	27 or highway maintenance vehicle, if possible with due regard to
77	77	28 safety and traffic conditions, if on a highway having at least four
78	78	29 (4) lanes with not less than two (2) lanes proceeding in the same
79	79	30 direction as the approaching vehicle; or
80	80	31 (2) proceeding with due caution, reduce the speed of the vehicle
81	81	32 to a speed at least ten (10) miles per hour less than the posted
82	82	33 speed limit, maintaining a safe speed for road conditions, if
83	83	34 changing lanes would be impossible or unsafe.
84	84	35 A person who violates this section commits a Class B infraction.
85	85	36 (d) Upon approaching a school bus (as defined in IC 9-13-2-161)
86	86	37 when the school bus is stationary and giving a signal by displaying
87	87	38 alternately flashing amber lights, a person who drives an
88	88	39 approaching vehicle shall:
89	89	40 (1) proceeding with due caution, yield the right-of-way by
90	90	41 making a lane change into a lane not adjacent to that of the
91	91	42 school bus, if possible with due regard to safety and traffic
92	92	2022 IN 92—LS 6086/DI 143 3
93	93	1 conditions, if on a highway having at least four (4) lanes with
94	94	2 not less than two (2) lanes proceeding in the same direction as
95	95	3 the approaching vehicle; or
96	96	4 (2) proceeding with due caution, reduce the speed of the
97	97	5 vehicle to a speed at least ten (10) miles per hour less than the
98	98	6 posted speed limit, maintaining a safe speed for road
99	99	7 conditions, if changing lanes would be impossible or unsafe.
100	100	8 A person who violates this section commits a Class B infraction.
101	101	9 (d) (e) This section does not operate to relieve the person who drives
102	102	10 an authorized emergency vehicle, a recovery vehicle, a utility service
103	103	11 vehicle, solid waste hauler, a road, street, or highway maintenance
104	104	12 vehicle, or a stationary survey or construction vehicle from the duty to
105	105	13 operate the vehicle with due regard for the safety of all persons using
106	106	14 the highway.
107	107	15 SECTION 2. IC 9-21-12-13, AS AMENDED BY P.L.144-2019,
108	108	16 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
109	109	17 JULY 1, 2022]: Sec. 13. (a) Except:
110	110	18 (1) as provided in subsection (b); or
111	111	19 (2) when a school bus is stopped at an intersection or another
112	112	20 place where traffic is controlled by a traffic control device or a
113	113	21 police officer;
114	114	22 whenever a school bus is stopped on a roadway or a private road to
115	115	23 load or unload a student, the driver shall use an arm signal device,
116	116	24 which must be extended while the bus is stopped.
117	117	25 (b) The governing body of a public school may authorize a school
118	118	26 bus driver to load or unload a student at a location off the roadway that
119	119	27 the governing body designates as a special school bus loading area. The
120	120	28 driver is not required to extend the arm signal device when loading or
121	121	29 unloading a student in the designated area, if the driver is giving a
122	122	30 signal by displaying alternately flashing amber lights.
123	123	31 (c) A school bus driver who knowingly or intentionally violates
124	124	32 subsection (a) commits a Class C misdemeanor.
125	125	2022 IN 92—LS 6086/DI 143