Module 3 1Road Ranger / TMC Operator Joint Training

MODULE 4

MODULE 3MODULE 3FLORIDA’S

LAWS / STATUTES AND POLICIES

Module 3 2Road Ranger / TMC Operator Joint Training

• Laws / FL State Statutes• Open Roads Policy• Non-cargo Spills Mitigation• MUTCD• Driver’s Exchange Forms

Training ObjectivesTraining Objectives

Module 3 3Road Ranger / TMC Operator Joint Training

• 316.061• 316.2045• 316.1945• 316.126(1)(b)• 768.13

Florida State StatutesFlorida State Statutes

Module 3 4Road Ranger / TMC Operator Joint Training

In Summary: FL State Statute 316.061

Crashes involving damage to vehicle or property

(2)  Every stop must be made without obstructing traffic more than is necessary, and, if a damaged vehicle is obstructing traffic, the driver of such vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the regular flow of traffic. Any person failing to comply with this subsection shall be cited for a nonmoving violation, punishable as provided in chapter 318.

Module 3 5Road Ranger / TMC Operator Joint Training

In Summary: FL State Statute 316.061

Crashes involving damage to vehicle or property

“(3) Employees or authorized agents of the Department of Transportation, law enforcement with proper jurisdiction…..may undertake the removal from the main traveled way of roads on its highway system of all vehicles incapacitated as a result of a motor vehicle crash…….The driver or any other person who has moved a motor vehicle from the main traveled way….shall not be considered liable or at fault….

We will push, drag or turn end over end, to open a roadway, in the interest of public safety!

Module 3 6Road Ranger / TMC Operator Joint Training

In Summary: FL State Statute 316.2045

Obstructions of Public Streets, Highways and Roads

It is unlawful for any person or persons willfully to obstruct the free, convenient, and normal use of any public street, highway or road by impeding, hindering, stifling, retarding or restraining traffic or passage thereon, by standing or approaching motor vehicles thereon, or by endangering the safe movement of vehicles or pedestrians traveling thereon; and any person or persons who violate the provisions of this subscription, upon conviction, shall be cited for a pedestrian violation, punishable as provided in chapter 318.

Module 3 7Road Ranger / TMC Operator Joint Training

In Summary: FL State Statute 316.1945

Stopping, standing, or parking prohibited in specified places.

(a)  Stop, stand, or park a vehicle: 11.  On the roadway or shoulder of a limited access facility, except as provided by regulation of the Department of Transportation, or on the paved portion of a connecting ramp; except that a vehicle which is disabled or in a condition improper to be driven as a result of mechanical failure or crash may be parked on such shoulder for a period not to exceed 6 hours. This provision is not applicable to a person stopping a vehicle to render aid to an injured person or assistance to a disabled vehicle in obedience to the directions of a law enforcement officer or to a person stopping a vehicle in compliance with applicable traffic laws.

Module 3 8Road Ranger / TMC Operator Joint Training

In Summary: FL State Statute 316.126(1)(b)

Operation of vehicles and actions of pedestrians on approach of authorized emergency vehicle.

The “Move Over Act” requires motorists to approach cautiously when an emergency vehicle is stopped ahead with its lights flashing. Motorists must change lanes away from the emergency vehicle if they are on a multi-lane highway and can do so SAFELY. If drivers can’t change lanes safely, or they are on a two-lane highway, they must slow down while maintaining a safe speed so as not to impede other traffic.

Module 3 9Road Ranger / TMC Operator Joint Training

In Summary: FL State Statute 768.13

Good Samaritan Act; immunity from civil liability .

(2)(a)  Any person, including those licensed to practice medicine, who gratuitously and in good faith renders emergency care or treatment either in direct response to emergency situations related to and arising out of a public health emergency declared pursuant to s. 381.00315, a state of emergency which has been declared pursuant to s. 252.36 or at the scene of an emergency outside of a hospital, doctor's office, or other place having proper medical equipment, without objection of the injured victim or victims thereof, shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.

Module 3 10Road Ranger / TMC Operator Joint Training

This agreement by and between the Florida Highway Patrol (FHP) and the Florida Department of Transportation (FDOT) establishes a policy for FHP and FDOT personnel to expedite the removal of vehicles, cargo, and debris from roadways on the State Highway System to restore, in an URGENT MANNER the safe and orderly flow of traffic following a motor vehicle crash or incident on Florida’s roadways.

Open Roads PolicyOpen Roads Policy

Module 3 11Road Ranger / TMC Operator Joint Training

FHP and FDOT Goal:

….all incidents be cleared from the travel lane within 90 minutes of the arrival of the first responding officer.

Module 3 12Road Ranger / TMC Operator Joint Training

FHP and FDOT will actively solicit and enlist other state, county, and

local agencies, political subdivisions, industry groups, and professional

associations to endorse and become a party to this “OPEN

ROADS PHILOSOPHY” for the State of Florida.

Module 3 13Road Ranger / TMC Operator Joint Training

Written, approved and signed in 10 months!

Second in the nation to have an Open Roads Policy with time limit!

Module 3 14Road Ranger / TMC Operator Joint Training

WHAT THIS COVERS:Only spilled motor vehicle fluids

•Engine oil•Transmission fluids•Radiator fluids•Hydraulic fluids•Diesel fuel & Gas•Brake fluids IAW Toxicity Characteristic Leaching Procedure these fluids are usually not Hazardous Wastes

Mitigation of Accidental Discharges of Motor Mitigation of Accidental Discharges of Motor Vehicle Fluids (Non-Cargo) Vehicle Fluids (Non-Cargo)

Module 3 15Road Ranger / TMC Operator Joint Training

Mitigation of Accidental Discharges of Motor Mitigation of Accidental Discharges of Motor Vehicle Fluids (Non-Cargo) Vehicle Fluids (Non-Cargo)

THIS DOES NOT COVER:

Hazardous Material

Cargo Spills!

Module 3 16Road Ranger / TMC Operator Joint Training

Mitigation of Accidental Discharges of Motor Mitigation of Accidental Discharges of Motor Vehicle Fluids (Non-Cargo) Vehicle Fluids (Non-Cargo)

Quick Action Guide:• Identify Spill as a Vehicle Fluid• Stop Leaking Material at the Source• Contain and Limit Spill from Spreading• Apply Available Absorbents

Module 3 17Road Ranger / TMC Operator Joint Training

Mitigation of Accidental Discharges of Motor Mitigation of Accidental Discharges of Motor Vehicle Fluids (Non-Cargo) Vehicle Fluids (Non-Cargo)

Quick Action Guide, Cont.:• Sweep Material Off Travel Lanes• Second Application if Necessary• Gradually Restore Traffic Flow• ID Responsible Party and Mark

Location of Material• Assure Proper Notification Was

Made to State Warning Point 800-320-0519

Module 3 18Road Ranger / TMC Operator Joint Training

“ “Stamp of Approval” Stamp of Approval” Guidelines are Endorsed by:Guidelines are Endorsed by:

- Florida Department of Environmental Protection

- Florida Department of Transportation

- The Florida Highway Patrol

- Based on and consistent with the open letter to Fire-Rescue Departments and other response agencies from DEP dated June 14, 2002.

Module 3 19Road Ranger / TMC Operator Joint Training

Questions?Questions?