HCS HB 357 May, Brian H.

P R E F I L E D

HB 357 -- Management of Traffic On State Highways

This bill allows the State Highway and Transportation Commission to designate one or more lanes of any state highway as a high occupancy vehicle lane. No general purpose lanes existing on the effective date of this bill will be converted for use as high occupancy vehicle lanes. Entrance or exit ramp lanes may be converted for use as a high occupancy vehicle lanes. The designation of any high occupancy vehicle lane will not apply to any emergency vehicles, law enforcement vehicle, motorcycles, motorist assist vehicle, or any maintenance vehicles of the highway department. Any person who operates a vehicle in a high occupancy lane in violation of restrictions imposed by the commission is guilty of a misdemeanor.

Any driver of a vehicle who obstructs the regular flow of traffic on the roadway of any state highway must make every reasonable effort to move the vehicle or have it moved so as not to block the regular flow of traffic. Prior to August 28, 1997, any person who fails to comply with this requirement will be issued a warning ticket. After August 27, 1997, any person who fails to comply with the requirements is guilty of an infraction and, upon conviction, will be punished by a fine of not less than $10 nor more than $50.

Any member of the State Highway Patrol, sheriff, or other law enforcement officer may authorize the towing of any vehicle from the right-of-way as follows: (1) from an interstate highway or freeway, if left unattended for more than 6 hours; (2) from any state highway, other than an interstate highway or freeway, in an urbanized area, if left unattended for more than 10 hours; (3) from any state highway, other than an interstate highway or freeway, outside of an urbanized area, if left unattended for more than 24 hours. Presently there is a 48 hour time period before vehicles are towed. The department may authorize the immediate removal of any abandoned, unattended, wrecked, burned, or partially dismantled vehicle, spilled cargo or other personal property from the roadway of any state highway if the vehicle, cargo or personal property is creating a traffic hazard because of its position or because its physical appearance is causing the flow of traffic to be impeded. The commission, the department, department employees, and any other person acting under the direction of a department employee will not be liable for any property damage occasioned by any act other than damages occasioned by gross negligence or by willful or wanton acts.