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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1584 By: Dollens
AS INTRODUCED
An Act relating to tow trucks; amending 47 O.S. 2011,
Section 11-314, as last amended by Section 26,
Chapter 161, O.S.L. 2020 (47 O.S. S upp. 2020, Section
11-314), which relates to approaching stationary
authorized vehicles on the roadway; creating
Bernardo's Law; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2011, Section 11 -314, as
last amended by Section 26, Chapter 161, O.S.L. 2020 (47 O.S. Supp.
2020, Section 11-314), is amended to read as follows:
Section 11-314. A. This section shall be known and may be
cited as "Bernardo's Law".
B. The driver of a motor vehicle, upon approaching a stationary
authorized emergency vehicle, a Department of Transportation
maintenance vehicle, a Turnpike Authority maintenance vehicle, a
stationary vehicle that is displaying flashing lights or a l icensed
wrecker that is displaying a flashing amber light, a combination red
or blue light or any combination of amber, red or blue lights,
shall:
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1. If traveling on a highway that consists of two or more lanes
that carry traffic in the same direction of travel as that of the
driver, the driver shall proceed with due caution and shall, if
possible and with due regard to the road, weather, and traffic
conditions, change lanes into a lane that is not adjacent to the
stationary authorized emergency vehicle, a Department of
Transportation maintenance vehicle, a Turnpike Authority maintenance
vehicle, or licensed wrecker; or if the driver is not able to change
lanes or if to do so would be unsafe, the driver shall proceed with
due caution and reduce the speed of the motor vehicle to a safe
speed for the existing road, weather, and traffic conditions; and
2. If traveling on a highway other than a highway described in
paragraph 1 of this subsection, the driver shall proceed with due
caution and reduce the speed of the motor vehicle to a safe speed
for the existing road, weather, and traffic conditions.
B. C. This section does not relieve the operator of a
stationary authorized emergency vehicle, a Department of
Transportation maintenance vehicle, a Turnpike Author ity maintenance
vehicle, or licensed wrecker from the consequences of reckless
disregard for the safety of all persons and property upon the
highway.
SECTION 2. This act shall become effective November 1, 2021.
58-1-5708 JBH 12/21/20