Indiana Code 9-21-8-35. Vehicles displaying flashing lights; yield right-of-way; violation
(1) Yield the right-of-way.
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Level 6 felony | between 6 mos. and 2 1/2 years | up to $10,000 |
Terms Used In Indiana Code 9-21-8-35
- Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
(3) Stop and remain in the position until the authorized emergency vehicle has passed.
(b) Upon approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a signal by displaying alternately flashing red, red and white, or red and blue lights, a person who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or
(2) proceeding with due caution, reduce the speed of the vehicle to a speed at least ten (10) miles per hour less than the posted speed limit, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.
A person who violates this subsection commits a Class A infraction. However, the violation is a Level 6 felony if the person’s failure to comply with this subsection results in serious bodily injury, catastrophic injury, or death to any person operating, occupying, or affiliated with an authorized emergency vehicle described in this subsection.
(c) Upon approaching a stationary recovery vehicle, a stationary utility service vehicle (as defined in IC 8-1-8.3-5), a stationary solid waste hauler, a stationary road, street, or highway maintenance vehicle, or a stationary survey or construction vehicle, when the vehicle is giving a signal by displaying alternately flashing amber lights, a person who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the recovery vehicle, utility service vehicle, solid waste hauler, or road, street, or highway maintenance vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or
(2) proceeding with due caution, reduce the speed of the vehicle to a speed at least ten (10) miles per hour less than the posted speed limit, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.
A person who violates this subsection commits a Class B infraction.
(d) This subsection does not apply to a vehicle approaching another vehicle that is described in subsection (b) or (c) or a vehicle approaching a school bus when the arm signal device specified in IC 9-21-12-13 is in the device’s extended position. Upon approaching a disabled stationary vehicle with flashing hazard warning signals, a person who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the disabled stationary vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or
(2) proceeding with due caution, reduce the speed of the vehicle to a speed at least ten (10) miles per hour less than the posted speed limit maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.
A person who violates this subsection commits a Class B infraction.
(e) This section does not operate to relieve the person who drives a vehicle described under this section from the duty to operate the vehicle with due regard for the safety of all persons using the highway.
[Pre-1991 Recodification Citation: 9-4-1-85.]
As added by P.L.2-1991, SEC.9. Amended by P.L.18-1999, SEC.1; P.L.39-2000, SEC.7; P.L.1-2001, SEC.6; P.L.14-2010, SEC.1; P.L.188-2015, SEC.75; P.L.256-2017, SEC.160; P.L.116-2020, SEC.3; P.L.211-2023, SEC.27.