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(A) The driver of a vehicle shall not overtake and pass another vehicle when approaching within one hundred feet (100') of a stationary authorized utility or telecommunications vehicle, as defined in Section 10.01.001.

(B) The driver of a vehicle shall yield the right-of-way to any authorized utility or telecommunications vehicle which is obviously and actually engaged in work upon a highway whenever such vehicle displays flashing lights meeting the requirements of Section 10.01.172.

(C) The driver of a motor vehicle upon approaching a stationary authorized utility or telecommunications vehicle which is obviously and actually engaged in work upon a highway, when such authorized vehicle is displaying flashing lights meeting the requirements of Section 10.01.172, shall do either of the following:

(1) If the driver of the motor vehicle is traveling on a highway that consists of at least two (2) lanes that carry traffic in the same direction of travel as that of the driver’s motor vehicle, the driver shall proceed with due caution and, if possible and with due regard to the road, weather, and traffic conditions, shall change lanes into a lane that is not adjacent to that of the stationary authorized utility or telecommunications vehicle; or

(2) If the driver is not traveling on a highway of a type described in subsection (C)(1), or if the driver is traveling on a highway of that type but it is not possible to change lanes or if to do so would be unsafe, the driver shall proceed with due caution, reduce the speed of the motor vehicle and maintain a safe speed for the road, weather, and traffic conditions.

(D) This section shall not operate to relieve the driver of an authorized utility or telecommunications vehicle from the duty to drive with due regard for the safety of all persons using the highway. (Ord. 21-33 § 3, 2021.)