SSB 3019

323A(1) and (2) provide the operator of a motor vehicle must approach certain stationary vehicles displaying flashing lights, including an authorized emergency vehicle, towing or recovery vehicle, utility maintenance vehicle, municipal maintenance vehicle, highway maintenance vehicle, construction vehicle, and solid waste or recycling collection service vehicle, with due caution and must make a lane change into a lane not adjacent to the stationary vehicle if possible, or reduce the speed of the motor vehicle to a reasonable and proper speed and be prepared to stop. 323A(1) or (2) to file a written report within hours of the violation to a peace officer of the state or a peace officer of the county or municipality where the violation occurred. The report must include the time and location of the violation and the registration plate number and a description of the vehicle involved in the violation.484.484 provides, among other things, that the owner of the vehicle shall identify the driver to the best of the owner’s ability. However, the owner of the vehicle is not required to supply identification information to the officer if the owner believes the information is self-incriminating. If the investigating peace officer is able to identify the person who was operating the motor vehicle and has reasonable cause to believe the violation occurred, the peace officer must serve a uniform traffic citation for the violation personally or by certified mail to the identified person. _____ If the investigating peace officer has reasonable cause to believe that the violation occurred but is unable to identify the person who was operating the motor vehicle, the peace officer must serve a uniform traffic citation for the violation personally or by certified mail to the owner of the motor vehicle. In a related proceeding, proof that the motor vehicle described in the uniform traffic citation was used to commit the violation, together with proof that the defendant named in the citation was the owner of the motor vehicle at the time the violation occurred, constitutes a permissible inference that the owner was the person who committed the violation. The bill defines “owner” as the term is used in the bill.323A commits a simple misdemeanor punishable by a scheduled fine of $135. If the violation resulted in an accident causing bodily injury to or the death of another person, the violator may be subject to additional penalties including a fine of $500 for a violation causing bodily injury to another person, and a fine of $1,000 for a violation causing death. The department of transportation must suspend a person’s driver’s license for days after receiving a record of a person’s conviction for a violation which resulted in an accident causing damage to the property of another, for 180 days for a violation which resulted in bodily injury to another person, and for one year for a violation causing death.484 commits a simple misdemeanor punishable by confinement for no more than days and a fine of at least $105 but not more than $855.372A for school bus drivers who observe violations of failing to obey school bus warning devices.