Okla. Stat. tit. 47, § 47-11-314

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:

Oklahoma Statutes - Title 47. Motor Vehicles Page 481

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.

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