(1) Except as otherwise provided in this section, every authorized service vehicle must, in addition to any other equipment required by this article 4, be equipped with one or more warning lamps mounted as high as practicable, which must be capable of displaying in all directions one or more flashing, oscillating, or rotating yellow lights. Only yellow and no other color or combination of colors may be used as a warning lamp on an authorized service vehicle; except that an authorized service vehicle snowplow operated by a state, county, or local government may also be equipped with and use no more than two flashing, oscillating, or rotating blue lights as warning lamps. Lighted directional signs used by police and highway departments to direct traffic need not be visible except to the front and rear. Such lights must have sufficient intensity to be visible at five hundred feet in normal sunlight.
The warning lamps authorized in subsection (1) of this section shall be activated bythe operator of an authorized service vehicle only when the vehicle is operating upon the roadway so as to create a hazard to other traffic. The use of such lamps shall not relieve the operator from the duty of using due care for the safety of others or from the obligation of using any other safety equipment or protective devices that are required by this article. Service vehicles authorized to operate also as emergency vehicles shall also be equipped to comply with signal requirements for emergency vehicles.
Whenever an authorized service vehicle is performing its service function and isdisplaying lights as authorized in subsection (1) of this section, drivers of all other vehicles shall exercise more than ordinary care and caution in approaching, overtaking, or passing such service vehicle and, in the case of highway and traffic maintenance equipment engaged in work upon the highway, shall comply with the instructions of section 42-4-712.
On or after January 1, 1978, only authorized service vehicles shall be equipped withthe warning lights authorized in subsection (1) of this section.
The department of transportation shall determine by rule which types of vehiclesrender an essential public service when operating on or along a roadway and warrant designation as authorized service vehicles under specified conditions, including, without limitation, vehicles that sell or apply chains or other equipment to motor vehicles necessary to enable compliance with section 42-4-106.
(a) Any person who violates any provision of this section commits a class B traffic infraction; except that a person commits a class A traffic infraction if the person passes an authorized service vehicle snowplow that is operated by a state, county, or local government, displaying lights as authorized in subsection (1) of this section, and performing its service function in echelon formation with one or more other such snowplows.
(b) As used in this subsection (6), unless the context otherwise requires, "echelon formation" means a formation in which snowplows are arranged diagonally, with each unit stationed behind and to the right, or behind and to the left, of the unit ahead.
Source: L. 94: Entire title amended with relocations, p. 2250, § 1, effective January 1, 1995. L. 96: (1) amended, p. 957, § 2, effective July 1. L. 2007: (5) amended, p. 1334, § 4, effective August 3. L. 2019: (1) and (6) amended, (HB 19-1265), ch. 203, p. 2174, § 1, effective August 2.
Editor's note: This section is similar to former § 42-4-212.5 as it existed prior to 1994, and the former § 42-4-214 was relocated to § 42-4-216.