A. Except when otherwise directed by a police officer, on the immediate approach of an authorized emergency vehicle that is equipped with at least one lighted lamp exhibiting a red or red and blue light or lens visible under normal atmospheric conditions from a distance of five hundred feet to the front of the vehicle and that is giving an audible signal by siren, exhaust whistle or bell, the driver of another vehicle shall:
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 roadway clear of any intersection.
3. Stop and remain in the position prescribed in paragraph 2 of this subsection until the authorized emergency vehicle has passed.
B. An authorized emergency vehicle being operated with activated emergency lights and siren is exempt from the requirements of this section.
C. The driver of a vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet or drive into or park the vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
D. When a police vehicle is giving a visual signal with at least one lighted red or red and blue light or lens and is giving an audible signal by siren, the driver of another vehicle:
1. Shall not approach or drive parallel to the police vehicle.
2. Shall maintain a distance of at least three hundred feet behind any police vehicle involved in an emergency until the police vehicle moves to the lane closest to the right-hand edge or curb of the roadway.
E. If a person who drives a vehicle approaches a stationary vehicle and the stationary vehicle is giving a signal by displaying alternately flashing lights or is displaying warning lights, the person shall do either of the following:
1. If on a highway having at least four lanes with at least two lanes proceeding in the same direction as the approaching vehicle, proceed with due caution and if possible, with due regard to safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to that of the stationary vehicle.
2. If changing lanes would be impossible or unsafe, proceed with due caution and reduce the speed of the vehicle, maintaining a safe speed for road conditions.
F. A person who violates subsection E of this section is subject to a civil penalty of $275, except that the person is subject to:
1. A civil penalty of $500 for a second violation within a period of five years.
2. A civil penalty of $1,000 for a third or subsequent violation within a period of five years.
G. This section does not 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.
H. Defensive driving school courses that are offered by defensive driving schools operated pursuant to chapter 8, article 7 of this title, traffic survival school and any driver education program approved by the department shall include educational information relating to subsections D and E of this section. The department shall include information relating to subsections D and E of this section in any of the department's examination, information or education material.
I. The department shall educate the public about this section periodically throughout the year and maintain information about this section on the department's website.
Notes of Decisions
Cited in
8
cases (
2 in the last 5 years), 1968–2022 · leading case:
Vasquez v. State, 206 P.3d 753 (Ariz. Ct. App. 2008).
Vasquez v. State, 206 P.3d 753 (Ariz. Ct. App. 2008).
· cites it 4× “Subsection D, on which Vasquez relies, imposes on such drivers a "duty to drive with due regard for the safety of all persons and does not protect the driver from the consequences of the driver's reckless disregard for the safety of others.”
State of Arizona v. Kenneth Wayne Thompson II, 502 P.3d 437 (Ariz. 2022).
· cites it 2× “¶30 Arizona law requires drivers approaching a stationary vehicle displaying flashing lights on the side of the highway to either move to a lane not adjacent to the vehicle or, if doing so would be unsafe, to slow down while passing the vehicle.”
Sondra Irving v. Emp. Appeal Bd., 883 N.W.2d 179 (Iowa 2016).
“, Ariz. Rev.Stat. Ann. § 28-775(2) (2016) (disqualifying employees from benefits for “willful or negligent misconduct”) (emphasis added); MinmStat.”
Herderick v. State, 530 P.2d 1144 (Ariz. Ct. App. 1975).
· cites it 6× “appellants argue that the siren is an identifying mechanism as well as a warning mechanism, and thus arguably, there is a statutory duty to identify- While we might agree that the duty to warn other motorists of the approach of the emergency vehicle of necessity would allow the…”
Hurvitz v. Coburn, 572 P.2d 128 (Ariz. Ct. App. 1977).
· cites it 2× “When an authorized emergency vehicle is traveling as such, A.R.S. § 28-775 requires the police vehicle to give an audible signal by use of the siren.”
Aegerter v. Duncan, 437 P.2d 991 (Ariz. Ct. App. 1968).
· cites it 2× “” A.R.S. § 28-775. That the plaintiffs’ car was not observing this requirement should have been very apparent to those in the ambulance.”
Jennings v. Hon agne/al-furaji, 520 P.3d 665 (Ariz. Ct. App. 2022).
· cites it 2× “A.R.S. § 28-775(A)(1). ¶9 These statutory privileges are not unbounded.”
Vasquez v. State of Az. St. of Az. Dept. of Pub. Saf. (Ariz. Ct. App. 2008).
· cites it 2× “Subsection D, on which Vasquez relies, imposes on such drivers a “duty to drive with due regard for the safety of all persons and does not protect the driver from the consequences of the driver’s reckless disregard for the safety of others.”
— Ariz. Rev. Stat. § 28-775(2) — 1 case
Sondra Irving v. Emp. Appeal Bd., 883 N.W.2d 179 (Iowa 2016).
“, Ariz. Rev.Stat. Ann. § 28-775(2) (2016) (disqualifying employees from benefits for “willful or negligent misconduct”) (emphasis added); MinmStat.”
— Ariz. Rev. Stat. § 28-775(A)(1) — 2 cases
Herderick v. State, 530 P.2d 1144 (Ariz. Ct. App. 1975).
“appellants argue that the siren is an identifying mechanism as well as a warning mechanism, and thus arguably, there is a statutory duty to identify- While we might agree that the duty to warn other motorists of the approach of the emergency vehicle of necessity would allow the…”
— Ariz. Rev. Stat. § 28-775(C) — 2 cases
Vasquez v. State, 206 P.3d 753 (Ariz. Ct. App. 2008).
“Subsection D, on which Vasquez relies, imposes on such drivers a "duty to drive with due regard for the safety of all persons and does not protect the driver from the consequences of the driver's reckless disregard for the safety of others.”
Vasquez v. State of Az. St. of Az. Dept. of Pub. Saf. (Ariz. Ct. App. 2008).
“Subsection D, on which Vasquez relies, imposes on such drivers a “duty to drive with due regard for the safety of all persons and does not protect the driver from the consequences of the driver’s reckless disregard for the safety of others.”
— Ariz. Rev. Stat. § 28-775(E) — 1 case
State of Arizona v. Kenneth Wayne Thompson II, 502 P.3d 437 (Ariz. 2022).
“¶30 Arizona law requires drivers approaching a stationary vehicle displaying flashing lights on the side of the highway to either move to a lane not adjacent to the vehicle or, if doing so would be unsafe, to slow down while passing the vehicle.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.