Why I just crew and don't pilot.Keith B wrote:No one that is reasonable would ever get a LTA license and fly in a hot air balloon Jim; ya gotta be nuts!!
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Return to “Stopped by Louisiana State Police”
- Mon Jan 23, 2012 4:12 pm
- Forum: LEO Contacts & Bloopers
- Topic: Stopped by Louisiana State Police
- Replies: 47
- Views: 8526
Re: Stopped by Louisiana State Police
- Mon Jan 23, 2012 11:08 am
- Forum: LEO Contacts & Bloopers
- Topic: Stopped by Louisiana State Police
- Replies: 47
- Views: 8526
Re: Stopped by Louisiana State Police
Two problems accrue:Keith B wrote:Here is the statute:
Louisianna RS 32.125
§125. Procedure on approach of an authorized emergency vehicle; passing a parked emergency vehicle
A. Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals, or of a police vehicle properly and lawfully making use of an audible signal only, the driver of every other vehicle shall yield the right-of-way and shall 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, and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
B. When any vehicle making use of any visual signals as authorized by law, including the display of alternately flashing amber or yellow warning lights, is parked on or near the highway, the driver of every other vehicle shall:
(1) When driving on an interstate highway or other highway with two or more lanes traveling in the same direction, yield the right-of-way by making a lane change into a lane not adjacent to the parked vehicle, if possible with due regard to safety and traffic conditions. If a lane change is not possible, the driver shall slow to a reasonably safe speed.
(2) Maintain a safe speed for road conditions, if unable or unsafe to change lanes, or driving on a two-lane road or highway.
C. This Section shall not operate to 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.
D. Any person who violates the provisions of this Section shall, upon conviction, be subject to a fine not to exceed two hundred dollars.
Acts 1962, No. 310, §1. Amended by Acts 1980, No. 160, §1; Acts 2001, No. 583, §1; Acts 2008, No. 429, §1, eff. June 21, 2008; Acts 2008, No. 746, §1.
Interestingly, reasonable speed is not defined if you are not able to move over safely. Many states require you to drop a specific amount under the legally posted speed limit (like 10 or 15 under the posted speed.)
First: "reasonable" is in the eye of the beholder. There are people in this world who think that a reasonable person would not venture into the atmosphere supported by scraps of silk and wicker, propelled by hot air, and one of those people might be in a position of authority. This being campaign season, we are seeing plenty of those supported by nothing at all and propelled by hot air. But the statute probably could not set a speed limit because what is a "reasonable" speed would be markedly less reasonable on wet pavement, and truly ridiculous on ice.
As far as pulling over and stopping, that is only "on approach" which pretty much means the emergency vehicle is moving toward you, and although most people don't do it, having been a fireman for 17 years, I think that is perfectly reasonable. A few years ago (ok, decades) I developed and tried to patent a device that would be placed in every vehicle which would sound an alarm when an emergency vehicle approached with sirens going, and override loud radios and stereos. For a variety of reasons, including that it was already within the state of the art, my attorney advised me that pursuing a patent would be useless.
The cop that said that you were supposed to pull over and stop and wait for the emergency to be over, was misinterpreting the statute, and he would be the one to assess reasonability too.
Second: Many cops sit where the stop occurred to fill out (paperwork) long after the stop is over, and leave their lights on for safety, but that does not absolve the approaching driver from changing lanes or slowing, even if you can't see any other cars around. Suppose instead of a stop, the officer was parked in such a way as to protect someone or something that had been hit by a car, or to shield a dangerous situation, such as a pothole or washout that might go otherwise unobserved, it would be prudent to follow the law, if not common sense, and give the vehicle with the lights flashing the benefit of the doubt and pull over or slow down.