HB225 By Representatives Pettus and Ledbetter RFD Public Safety and Homeland Security Rd 1 11-FEB-16

SYNOPSIS: Under existing law, the driver of a motor vehicle involved in an accident resulting in injury to or death of any person or damage to a motor vehicle is required to immediately stop the vehicle and remain at the scene of the accident or as close as possible.

This bill would authorize the driver of a vehicle to move a motor vehicle involved in an accident from the roadway when no apparent serious physical injury or death has occurred and would authorize employees of the Department of Transportation and the Alabama Law Enforcement Agency to require and assist in moving a disabled vehicle involved in an accident from the roadway on the state highway system.

The bill would provide immunity to the departments for actions under the bill.

A BILL TO BE ENTITLED AN ACT

To amend Section 32-10-1, Code of Alabama 1975, relating to the duty of a driver at the scene of a motor vehicle accident; to authorize the driver of a vehicle involved in an accident to move the vehicle from the roadway if the vehicle is drivable and can safely be moved off the roadway where no apparent serious physical injury or death to any person has occurred; to authorize employees of the Department of Transportation and the Alabama Law Enforcement Agency to require and assist in the moving of a vehicle disabled as a result of an accident from a roadway under its jurisdiction and on the state highway system; and to provide immunity to the departments and to provide that employees of the departments would be subject to Section 36-1-12, Code of Alabama 1975.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 32-10-1, Code of Alabama 1975, is amended to read as follows:

§32-10-1.

"(a) The driver of any motor vehicle involved in an accident resulting in injury to or the death of any person, or in damage to a motor vehicle or other vehicle which is driven or attended by any person, shall immediately stop such vehicle at the scene of such accident or as close thereto as possible and shall then forthwith return to and in every event shall remain at the scene of the accident until he or she has fulfilled the requirements of Section 32-10-3. Every such stop shall be made without obstructing traffic more than is necessary. Notwithstanding the foregoing, if the accident does not involve any apparent injury or the death of a person, the driver may immediately move the vehicle from the roadway to the shoulder, emergency lane, median, or other location close to the accident site if the vehicle is drivable and can be safely moved from the roadway and shall forthwith return to or remain at or as close to the scene of the accident as safely possible.

"(b) Employees of the Alabama Department of Transportation or the Alabama Law Enforcement Agency may move a vehicle, require a vehicle to be moved, or assist in the moving of a vehicle from a highway under the jurisdiction of the Department of Transportation if the vehicle is disabled as a result of an accident, the disabled vehicle creates a traffic hazard or is obstructing traffic, and the vehicle may be safely moved or movement of the vehicle will result in the improved safety or convenience of travel on the road. A disabled vehicle may also be moved by the driver of the vehicle or with the assistance of a towing or recovery vehicle. A disabled vehicle involved in an accident with injury to or death of any person may not be moved until directed by a law enforcement officer.

"(c) This section does not relieve a driver from complying with any other duties imposed in this chapter.

"(d) The Department of Transportation and the Alabama Law Enforcement Agency shall not be liable for damages caused by moving a vehicle pursuant to this section.

"(e) Section 36-1-12 shall apply to employees of the Department of Transportation and the Alabama Law Enforcement Agency relating to any claim resulting from the exercise of authority under this section.

"(b)(f) The director shall revoke the driver's license of a person convicted under this section."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Motor Vehicles

Law Enforcement Agency

Transportation Department

Damages

Highways, Roads, and Bridges

Code Amended