(a) (1) Upon the immediate approach of an authorized emergency vehicle, when the driver is giving audible signal by siren, exhaust whistle, or bell, 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 highway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
(2) Upon conviction of violating subdivision (a)(1) of this section, a person is subject to a fine not to exceed four hundred dollars ($400).
(b) Upon the approach of an authorized emergency vehicle, as stated in subsection (a) of this section, the motorman of every streetcar shall immediately stop the car clear of any intersection and keep it in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
(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. Acts 1937, No. 300, § 74; Pope's Dig., § 6732; A.S.A. 1947, § 75-625; Acts 2007, No. 338, § 1.
Amendments. The 2007 amendment added (a)(2) and made a related change.
Case Notes
Driver of Emergency Vehicle.
Instructions.
Police Motorcycles.
The driver of an emergency vehicle is held to a standard of ordinary care. City of Little Rock v. Weber, 298 Ark. 382, 767 S.W.2d 529 (1989).
Where police officer was injured while operating a police motorcycle and brought an action to recover for personal injuries sustained, the submission to the jury of instructions with respect to law applicable to emergency vehicles, though the only signal being given was a blowing of a horn by the police officer, was prejudicial error, even though comparative negligence, on which the court also submitted an instruction, was the basis of the jury verdict in the police officer's favor. Whistle-Vess Bottling Co. v. Owens, 249 Ark. 424, 459 S.W.2d 562 (1970).
A police motorcycle was not “authorized emergency vehicle” within the meaning of this section where the only signal being given by the police officer on the cycle was a blowing of the horn, regardless of fact that he was responding to another officer's call for assistance. Whistle-Vess Bottling Co. v. Owens, 249 Ark. 424, 459 S.W.2d 562 (1970).
Cited: Gookin v. Locke, 240 Ark. 1005, 405 S.W.2d 256 (1966); Freeman v. Reeves, 241 Ark. 867, 410 S.W.2d 740 (1967); Sherman v. State, 326 Ark. 153, 931 S.W.2d 417 (1996).