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  1. #1
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    Mar 2014
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    Default Failure to Yield Emergency Vehicle Performing a Traffic Stop

    My question involves a traffic ticket from the state of: Iowa
    My son was driving on a 2 lane highway east bound. An officer had a vehicle pulled over going west bound. Because there was an empty lane (the west bound lane) between them, he did not slow down. Officer pulled him over for not slowing down - $199.00. On 4 lane roads, law states to move over a lane (so there is an empty lane between you and pulled over vehicles) and if you can't move over, then slow down. Any help??

  2. #2
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    Mar 2009
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    9,170

    Default Re: Failure to Yield Emergency Vehicle

    Quote Quoting conisue
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    My question involves a traffic ticket from the state of: Iowa
    My son was driving on a 2 lane highway east bound. An officer had a vehicle pulled over going west bound. Because there was an empty lane (the west bound lane) between them, he did not slow down. Officer pulled him over for not slowing down - $199.00. On 4 lane roads, law states to move over a lane (so there is an empty lane between you and pulled over vehicles) and if you can't move over, then slow down. Any help??
    What code section was he cited for?

  3. #3
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    Default Re: Failure to Yield Emergency Vehicle Performing a Traffic Stop

    If it's this provision:
    Quote Quoting Iowa Code, Sec. 321.323A. Approaching Certain Stationary Vehicles.
    1. The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or red and blue lights shall approach the authorized emergency vehicle with due caution and shall proceed in one of the following manners, absent any other direction by a peace officer:

    a. Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions.

    b. If a lane change under paragraph "a" would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

    2. The operator of a motor vehicle approaching a stationary towing or recovery vehicle, a stationary utility maintenance vehicle, a stationary municipal maintenance vehicle, or a stationary highway maintenance vehicle, that is displaying flashing yellow, amber, or red lights, shall approach the vehicle with due caution and shall proceed in one of the following manners, absent any other direction by a peace officer:

    a. Make a lane change into a lane not adjacent to the towing, recovery, utility maintenance, municipal maintenance, or highway maintenance vehicle if possible in the existing safety and traffic conditions.

    b. If a lane change under paragraph "a" would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.
    Then having a completely empty lane between your car and the police vehicle should be adequate for compliance. If the police vehicle was partially in the second traffic lane, though, then your son should have slowed.

  4. #4
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    Mar 2014
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    4

    Default Re: Failure to Yield Emergency Vehicle Performing a Traffic Stop

    He was cited for section 321.324.

    - - - Updated - - -

    He was cited for section 321.324

  5. #5
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    Default Re: Failure to Yield Emergency Vehicle Performing a Traffic Stop

    That's a citation for a different offense:
    Quote Quoting Iowa Code, Sec. 321.324. Operation on Approach of Emergency Vehicles.
    Upon the immediate approach of an authorized emergency vehicle with any lamp or device displaying a red light or red and blue lights, or an authorized emergency vehicle of a fire department displaying a blue light, or 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. For the purposes of this section, "red light" or "blue light" means a light or lighting device that, when illuminated, will exhibit a solid flashing or strobing red or blue light.

    Upon the approach of an authorized emergency vehicle, as above stated, the driver of every streetcar shall immediately stop such car clear of any intersection and keep it in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

    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.
    Based on the statute cited, the ticket isn't for passing a police officer who had effected a traffic stop. The ticket is for filing to pull over, stop and yield right of way when approached by an emergency vehicle displaying its lights and/or giving an audible signal.

  6. #6
    Join Date
    Mar 2014
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    4

    Default Re: Failure to Yield Emergency Vehicle Performing a Traffic Stop

    Two police cars had a car pulled over westbound, my son went by eastbound. One of the officers left the scene to pull my son over and told him he was going 60 mph which was too fast for them having someone pulled over on the other side of the road, he should have slowed down. I just talked to my son and it sounds like he may have been cited for the wrong thing. Should have been 321.323A.

  7. #7
    Join Date
    Nov 2013
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    Pennsylvania
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    806

    Default Re: Failure to Yield Emergency Vehicle Performing a Traffic Stop

    Is this a divided road? Why would someone be required to yield to an emergency vehicle that is on the opposite side of a divided road?

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