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F I S C A L I M P A C T R E P O R T

SPONSOR Wallace

DATE TYPED 02/11/05 HB 71/aHJC

SHORT TITLE Motorists Moving Aside for Emergency Vehicles

SB

ANALYST Ford

REVENUE

Estimated Revenue

Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY05

FY06

Minimal

(Parenthesis ( ) Indicate Revenue Decreases)

Relates to

SB 280

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Department of Public Safety (DPS)

SUMMARY

Synopsis of HJC Amendment

The House Judiciary Committee amendment changes the provision describing emergency vehi-

cles to which approaching drivers must yield. The amendment uses a simpler description of an

emergency vehicle “displaying flashing emergency lights” and requires that either flashing

emergency lights or an audible signal require an approaching driver to yield.

Synopsis of Original Bill

House Bill 71 establishes a new responsibility for motorists to yield to emergency vehicles. It

requires motorists approaching a stationary emergency vehicle that is displaying flashing emer-

gency lights to move aside. The motorist must, if possible, move to a lane that is not adjacent to

the emergency vehicle, decrease to a reasonable and prudent speed, and proceed with caution. If

it is not safe to move to a lane that is not adjacent, the driver must lower the vehicle’s speed, pro-

House Bill 71/aHJC -- Page 2

ceed with caution, and be prepared to stop.

The bill increases the fine for failure to yield to an emergency vehicle from $10 to $50. This fine

would apply to both violations of existing law as well as violations of the new requirements es-

tablished by the bill.

Significant Issues

Existing law requires motorists to drive as close as possible to the right-hand edge or curb of the

roadway and remain stopped until the authorized emergency vehicle has passed. The current

fine for failing to do this is $10.

FISCAL IMPLICATIONS

The existing fine for failing to yield to an emergency vehicle would increase from $10 to $50.

There would also be a $50 fine for the newly created infraction of failing to move aside when

approaching a stationary emergency vehicle. This would create additional revenue to the general

fund

in the form of higher fines. There may also be additional costs for enforcement of the new

provision. As the AOC notes, new laws have the potential to increase caseloads in the courts.

These costs would be off-set by the additional fine revenue so the total fiscal impact is likely to

be minimal.

AOC also notes a minimal administrative cost for statewide update, distribution, and documenta-

tion of statutory changes.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Senate Bill 280, relating to commercial vehicle penalties, also amends 66-8-116 NMSA 1978.

TECHNICAL ISSUES

Given the unpredictable nature of emergency situations, it may be prudent for the bill to require

all motorists to be prepared to stop, even those driving in a non-adjacent lane.

EF/sb