Sec. 1. 29-A MRSA §2054, sub-§9, as enacted by PL 2001, c. 360, §8, is repealed.

Sec. 2. 29-A MRSA §2054, sub-§10 is enacted to read:

10.__Stationary authorized emergency vehicles.__The following provisions govern the operator of a vehicle approaching or passing a stationary authorized emergency vehicle that is using an emergency light.

A.__With due regard to the safety and traffic conditions, an operator of a vehicle approaching or passing a stationary authorized emergency vehicle that is using an emergency light shall:

(1)__Reduce speed and maintain a speed throughout the incident area no greater than is reasonable and prudent under the conditions, including actual and potential hazards then existing;

(2)__Vacate any lane wholly or partially blocked;

(3)__Obey the directions of an authorized official directing traffic and all applicable traffic control devices; and

(4)__Pass in a lane not adjacent to that of the emergency vehicle, if possible, or, if passing in a nonadjacent lane is impossible or unsafe, pass the emergency vehicle at a reasonable and prudent speed.

B.__The following penalties apply to violations of this subsection.

(1)__A person who violates this subsection commits a Class E crime.

(2)__A person who violates this subsection and at the time of the offense has a prior conviction for violating this subsection commits a Class E crime and is subject to a mandatory 30-day driver's license suspension.__Title 17-A, section 9-A governs the use of prior convictions in determining a sentence, except that for purposes of this subparagraph, the date of each prior conviction may precede the commission of the offense being enhanced by no more than 3 years.