S-3296.1          _______________________________________________

                                 SENATE BILL 6168

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Senator McCaslin

Read first time 01/20/92.  Referred to Committee on Transportation.Prohibiting the citation of drivers failing to yield to unmarked and unidentified emergency vehicles.

     AN ACT Relating to identification of law enforcement vehicles; and amending RCW 46.61.210.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 46.61.210 and 1965 ex.s. c 155 s 32 are each amended to read as follows:

     (1) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of RCW 46.37.190, or of ((a police)) an identifiable law enforcement vehicle properly and lawfully making use of an audible signal only, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency or law enforcement vehicle has passed, except when otherwise directed by a ((police)) law enforcement officer.

     (2) A driver of a vehicle shall not be cited under this section if the law enforcement vehicle is not clearly identifiable as a law enforcement vehicle.  Identification includes, but is not limited to, the official insignia of the law enforcement agency, lettering indicating the jurisdiction of the law enforcement vehicle, or the use of visual signal devices affixed across the full width of the outside of the vehicle.

(3) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.