Summary:

 House Bill 314 (HB 314):  This legislation allows law enforcement officers and certain Department of Transportation personnel to take immediate action to clear hazards from roads or highway rights of way. It protects both public safety and the officials who move the hazards from liability for damage that may result from removing the obstruction. 

Legislation Overview:

 House Bill 314 (HB 314):  The bill clarifies and expands the authority of law enforcement officers and Department of Transportation employees to move a vehicle, cargo, or debris that poses an immediate public safety hazard on a roadway or highway right of way.
1.	Main Provisions
•	No Unnecessary Stopping on Highways
•	Current law already prohibits a driver from stopping, parking, or leaving a vehicle in the traveled portion of a highway, unless it is impracticable to do otherwise.
•	If a driver must leave a vehicle on the traveled portion, they must make sure it does not obstruct traffic more than necessary and is visible to oncoming vehicles.
2.	Authority to Move Hazards
•	If a law enforcement officer or Department of Transportation employee finds a motor vehicle (attended or unattended), or related cargo or debris, creating an immediate public safety hazard on a roadway or within the highway right of way, that officer or employee may move the hazard.
•	The purpose is to remove the immediate danger to the public, either by moving it off the roadway entirely or shifting its position so it no longer poses a direct risk to traffic.
3.	Liability Protection
•	Neither the state nor its subdivisions (counties, municipalities), nor any law enforcement officer, Department of Transportation employee, or anyone acting under their direction, is liable for damage that may occur to the vehicle, cargo, or debris as a result of moving it.
4.	Definition of “Law Enforcement Officer”
•	Includes state or municipal police officers, county sheriffs, deputy sheriffs, public safety aides, or other authorized state employees with enforcement authority.
 

Current Law:

 Current law prohibits a driver from stopping, parking, or leaving a vehicle in the traveled portion of a highway, unless it is impracticable to do otherwise.