stationary authorized vehicles on the roadway. A. This section shall be known and may be cited as the "Bernardo-Mills Law". B. The driver of a motor vehicle, upon approaching a stationary authorized emergency vehicle, a Department of Transportation maintenance vehicle, a Turnpike Authority maintenance vehicle, a stationary vehicle that is displaying flashing lights or a licensed wrecker that is displaying a flashing amber light, a combination red or blue light or any combination of amber, red or blue lights, shall: 1. If traveling on a highway that consists of two or more lanes that carry traffic in the same direction of travel as that of the driver, the driver shall proceed with due caution and shall, if possible and with due regard to the road, weather, and traffic conditions, change lanes into a lane that is not adjacent to the stationary authorized emergency vehicle, a Department of Transportation maintenance vehicle, a Turnpike Authority maintenance vehicle, or licensed wrecker; or if the driver is not able to change lanes or if to do so would be unsafe, the driver shall proceed with due caution and reduce the speed of the motor vehicle to a safe speed; and 2. If traveling on a highway other than a highway described in paragraph 1 of this subsection, the driver shall proceed with due caution and reduce the speed of the motor vehicle to a safe speed. A person shall be guilty of the offense of endangerment of an emergency worker for any offense committed in violation of this subsection. C. This section does not relieve the operator of a stationary authorized emergency vehicle, a Department of Transportation maintenance vehicle, a Turnpike Authority maintenance vehicle, or licensed wrecker from the consequences of reckless disregard for the safety of all persons and property upon the highway. D. Upon conviction for committing the offense of endangerment of an emergency worker pursuant to subsection B of this section, if no injury or death of an emergency worker resulted from the offense, and in addition to any other penalty authorized by law, the person shall be subject to a fine of: 1. One Thousand Dollars ($1,000.00) for a first offense; and 2. Two Thousand Five Hundred Dollars ($2,500.00) for a second offense. E. A person shall be deemed to commit the offense of aggravated endangerment of an emergency worker upon conviction for any offense pursuant to subsection B of this section when such offense results in the injury or death of an emergency worker. Upon conviction for committing the offense of aggravated endangerment of an emergency worker, in addition to any other penalty authorized by law, the person shall be subject to a fine of not more than Five Thousand Dollars ($5,000.00) if the offense resulted in injury to an emergency worker and not more than Ten Thousand Dollars ($10,000.00) if the offense resulted in the death of an emergency worker. F. No person shall be cited or convicted for endangerment of an emergency worker or aggravated endangerment of an emergency worker for any act or omission otherwise constituting an offense under subsection B of this section if such act or omission resulted, in whole or in part, from mechanical failure of the vehicle of the person or from the negligence of another person or an emergency worker. Added by Laws 2001, c. 435, § 14, eff. July 1, 2001. Renumbered from § 11-405.1 of this title by Laws 2002, c. 397, § 35, eff. Nov. 1, 2002. Amended by Laws 2008, c. 69, § 1, eff. Nov. 1, 2008; Laws 2010, c. 39, § 1, eff. Nov. 1, 2010; Laws 2015, c. 114, § 1, eff. Nov. 1, 2015; Laws 2019, c. 391, § 1, eff. Nov. 1, 2019; Laws 2020, c. 161, § 26, emerg. eff. May 21, 2020; Laws 2021, c. 242, § 1, eff. Nov. 1, 2021; Laws 2023, c. 270, § 1, eff. Nov. 1, 2023.
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