By Tom Shaw
Omaha World-Herald
Copyright 2008 The Omaha World-Herald Company
LINCOLN, Neb. — Gene Tschida sat before a group of state senators Tuesday, explaining the importance of requiring drivers to move over for emergency workers and law enforcement officers.
Tschida, an Omaha-area volunteer with the Nebraska motorist assist program, asked the members of the Legislature’s Transportation Committee to imagine kneeling at the side of the road to help change a flat tire when traffic is whizzing by at 75 mph.
“It sure draws your shorts up,” he said to some laughter.
Tschida was one of several people to speak in favor of Legislative Bill 786.
The bill, sponsored by State Sen. Gwen Howard of Omaha, would mandate that drivers move over at least one lane when approaching emergency crews, law enforcement, motorist assist vehicles or tow trucks on multilane highways and Interstates.
The bill was voted out of committee 5-2. Voting for the bill were Sens. Deb Fischer, the committee chairwoman; Dwite Pedersen; Ray Aguilar; Scott Lautenbaugh; and Carol Hudkins. Sens. Arnie Stuthman and LeRoy Louden voted against. Sen. DiAnna Schimek was absent.
The bill has been designated a priority by Speaker Mike Flood, meaning it will get precedence in the floor debate schedule.
A driver would be fined up to $100 for a first offense and would face up to a $500 fine and seven days in jail for subsequent offenses. The law would not apply when traffic, road or weather conditions prevented drivers from moving over.
The bill was killed by the committee last year over concerns about how it would be enforced.
Stuthman, of Platte Center, wondered whether the measure was simply a “feel good” bill. He said only State Patrol and other cruisers have dash-mounted video cameras to record license plate numbers of vehicles that would violate the law.
Rose White of AAA Nebraska, which supported the bill, said Nebraska is one of only nine states that do not have move-over laws, and several of those states are considering legislation.
“Most states recognize the dangers faced by first responders,” White said.
Responding to committee members who said driver education was the place to teach drivers the importance of moving over, City of Omaha lobbyist Jack Cheloha said state driver manuals contain only information about the laws of the road. The Omaha Police and Fire Departments favor the law.
The only person to speak against the bill was Terry Campbell, a retired Omaha police lieutenant and a member of the national Best Highway Safety Practices Institute.
Campbell said the flashing lights of emergency vehicles on the shoulder can cause accidents by distracting drivers. His group urges public safety departments to place better lighting systems on their vehicles.