8-1530. Duty of driver upon approach of authorized emergency vehicle. (a) Upon the immediate approach of an authorized emergency vehicle making use of an audible signal meeting the requirements of K.S.A. 8-1738(d), and amendments thereto, and visual signals meeting the requirements of K.S.A. 8-1720, and amendments thereto, or of a police vehicle properly and lawfully making use of an audible signal only, the driver of every other vehicle shall do the following unless otherwise directed by a police officer:
(1) Yield the right-of-way;
(2) 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
(3) stop and remain in such position until the authorized emergency vehicle has passed.
(b) The driver of a motor vehicle upon approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is making use of visual signals meeting the requirements of K.S.A. 8-1720 or 8-1722(d), and amendments thereto, shall do either of the following:
(1) If the driver of the motor vehicle is traveling on a highway that consists of at least two lanes that carry traffic in the same direction of travel as that of the driver's motor vehicle, the driver shall proceed with due caution and, if possible and with due regard to the road, weather and traffic conditions, shall change lanes into a lane that is not adjacent to that of the stationary authorized emergency vehicle; or
(2) if the driver is not traveling on a highway of a type described in paragraph (1), or if the driver is traveling on a highway of that type but it is not possible to change lanes or if to do so would be unsafe, the driver shall proceed with due caution, reduce the speed of the motor vehicle and maintain a safe speed for the road, weather and traffic conditions.
(c) 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.
History: L. 1974, ch. 33, § 8-1530; L. 2000, ch. 179, § 20; L. 2019, ch. 7, § 1; July 1.
Source or prior law:
8-554.
Cross References to Related Sections:
"Authorized emergency vehicle" defined, see 8-1404.
Rights, duties and liabilities of drivers of authorized emergency vehicles, see 8-1506.
Designation of authorized emergency vehicles, see 8-2010.
Movement of military forces, right-of-way, see 48-252a.
Attorney General's Opinions:
Color of township fire-fighting vehicles. 81-148.
CASE ANNOTATIONS
1. Cited in holding driver operating emergency vehicle in compliance with K.S.A. 8-1506 commits no tort for injury to third parties by fleeing violator. Thornton v. Shore, 233 Kan. 737, 742, 666 P.2d 655 (1983).
2. Traffic stop based on violation of K.S.A. 8-1531 was based on reasonable suspicion. U.S. v. Mesa-Roche, 288 F. Supp. 2d 1172, 1176 (2003).
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