Oklahoma 2022 Regular Session

Oklahoma House Bill HB1584 Latest Draft

Bill / Enrolled Version Filed 04/22/2021

                            An Act 
ENROLLED HOUSE 
BILL NO. 1584 	By: Dollens of the House 
 
  and 
 
  Brooks of the Senate 
 
 
 
 
 
 
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. Supp. 2020, Section 
11-314), which relates to approaching stationary 
authorized vehicles on the roadway; creating 
Bernardo's Law; and providing an effective date . 
 
 
 
 
SUBJECT: Tow trucks 
 
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 licensed 
wrecker that is displaying a flashing amber light, a combination red 
or blue light or any combination of amber, red or blue lights, 
shall: 
 
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  ENR. H. B. NO. 1584 	Page 2 
conditions, change lanes into a lane that is not adjacent to the 
stationary authorized emergency vehicle, a Departmen t 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 moto r 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 Authority main tenance 
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. 
  ENR. H. B. NO. 1584 	Page 3 
Passed the House of Representative s the 9th day of March, 2021. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the 21st day of April , 2021. 
 
 
 
  
 	Presiding Officer of the Senate 
 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ___________ _________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this __________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________ ________________