Shows You What I Know

Good thing I haven't had any "lane away" issues recently or I'd have been embarassed. Mike tells me I was wrong about my previous post. I was. Geez! Serves me right for not posting in a few months....

Mike said...
The statute was re-written in 2005, the old statute read:

"Subd. 11. Passing parked emergency vehicle. When approaching and before passing an authorized emergency vehicle that is parked or otherwise stopped on or next to a street or highway having two or more lanes in the same direction, the driver of a vehicle shall safely move the vehicle to a lane away from the emergency vehicle."

It now reads:
"(a) When approaching and before passing an authorized emergency vehicle with its emergency lights activated that is parked or otherwise stopped on or next to a street or highway having two lanes in the same direction, the driver of a vehicle shall safely move the vehicle to the lane farthest away from the emergency vehicle, if it is possible to do so.

(b) When approaching and before passing an authorized emergency vehicle with its emergency lights activated that is parked or otherwise stopped on or next to a street or highway having more than two lanes in the same direction, the driver of a vehicle shall safely move the vehicle so as to leave a full lane vacant between the driver and any lane in which the emergency vehicle is completely or partially parked or otherwise stopped, if it is possible to do so."

State v. Anderson was a 2004 case interpreting the old version of the statute. The 2005 legislature (H.F. 1164) amended the statute to the new reading, it was adopted and the effective date was 5/27/2005. So it seems the stops in 2007 are 2 years after the amendment that makes State v. Anderson moot and were unfortunate but legal.