Indiana § 9-21-8-35 Vehicles displaying flashing lights; yield right-of-way; violation

Indiana Statutes

§ 9-21-8-35 — Vehicles displaying flashing lights; yield right-of-way; violation

Indiana § 9-21-8-35

Title 9MOTOR VEHICLES

Art. 21TRAFFIC REGULATION

Ch. 8Vehicle Operation

This text of Indiana § 9-21-8-35 (Vehicles displaying flashing lights; yield right-of-way; violation) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 9-21-8-35 (2026).

Text

(a)Upon the immediate approach of an authorized emergency vehicle, when the person who drives the authorized emergency vehicle is giving audible signal by siren or displaying alternately flashing red, red and white, or red and blue lights, a person who drives another vehicle shall do the following unless otherwise directed by a law enforcement officer:

(1)Yield the right-of-way.

(2)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.

(3)Stop and remain in the position until the authorized emergency vehicle has passed.

(b)Upon approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a signal by displaying alternately flashing red, red and white, or red

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(a) Upon the immediate approach of an
authorized emergency vehicle, when the person who drives the
authorized emergency vehicle is giving audible signal by siren or
displaying alternately flashing red, red and white, or red and blue
lights, a person who drives another vehicle shall do the following
unless otherwise directed by a law enforcement officer:
(1) Yield the right-of-way.
(2) 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.
(3) Stop and remain in the position until the authorized
emergency vehicle has passed.
(b) Upon approaching a stationary authorized emergency vehicle,
when the authorized emergency vehicle is giving a signal by displaying
alternately flashing red, red and white, or red and blue lights, a person
who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the right-of-way by making
a lane change into a lane not adjacent to that of the authorized
emergency vehicle, if possible with due regard to safety and
traffic conditions, if on a highway having at least four (4) lanes
with not less than two (2) lanes proceeding in the same direction
as the approaching vehicle; or
(2) proceeding with due caution, reduce the speed of the vehicle
to a speed at least ten (10) miles per hour less than the posted
speed limit, maintaining a safe speed for road conditions, if
changing lanes would be impossible or unsafe.
A person who violates this subsection commits a Class A infraction.
However, the violation is a Level 6 felony if the person's failure to
comply with this subsection results in serious bodily injury,
catastrophic injury, or death to any person operating, occupying, or
affiliated with an authorized emergency vehicle described in this
subsection.
(c) Upon approaching a stationary recovery vehicle, a stationary
utility service vehicle (as defined in IC 8-1-8.3-5), a stationary solid
waste hauler, a stationary road, street, or highway maintenance vehicle,
or a stationary survey or construction vehicle, when the vehicle is
giving a signal by displaying alternately flashing amber lights, a person
who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the right-of-way by making
a lane change into a lane not adjacent to that of the recovery
vehicle, utility service vehicle, solid waste hauler, or road, street,
or highway maintenance vehicle, if possible with due regard to
safety and traffic conditions, if on a highway having at least four
(4) lanes with not less than two (2) lanes proceeding in the same
direction as the approaching vehicle; or
(2) proceeding with due caution, reduce the speed of the vehicle
to a speed at least ten (10) miles per hour less than the posted
speed limit, maintaining a safe speed for road conditions, if
changing lanes would be impossible or unsafe.
A person who violates this subsection commits a Class B infraction.
(d) This subsection does not apply to a vehicle approaching another
vehicle that is described in subsection (b) or (c) or a vehicle
approaching a school bus when the arm signal device specified in IC 9-21-12-13 is in the device's extended position. Upon approaching a
disabled stationary vehicle with flashing hazard warning signals, a
person who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the right-of-way by making
a lane change into a lane not adjacent to that of the disabled
stationary vehicle, if possible with due regard to safety and traffic
conditions, if on a highway having at least four (4) lanes with not
less than two (2) lanes proceeding in the same direction as the
approaching vehicle; or
(2) proceeding with due caution, reduce the speed of the vehicle
to a speed at least ten (10) miles per hour less than the posted
speed limit maintaining a safe speed for road conditions, if
changing lanes would be impossible or unsafe.
A person who violates this subsection commits a Class B infraction.
(e) This section does not operate to relieve the person who drives a
vehicle described under this section from the duty to operate the
vehicle with due regard for the safety of all persons using the highway.
[Pre-1991 Recodification Citation: 9-4-1-85.]

Legislative History

As added by P.L.2-1991, SEC.9. Amended by P.L.18-1999, SEC.1; P.L.39-2000, SEC.7; P.L.1-2001, SEC.6; P.L.14-2010, SEC.1; P.L.188-2015, SEC.75; P.L.256-2017, SEC.160; P.L.116-2020, SEC.3; P.L.211-2023, SEC.27.