(1)(a) The driver of a vehicle on a controlled-access highway approaching or passing a stopped vehicle located on the same side of the highway shall proceed with due care and caution as described in this section.

(b) If there are at least two adjacent lanes of travel in the same direction on the same side of the highway as the stopped vehicle, the driver of the approaching or passing vehicle shall proceed with due care and caution and yield the right-of-way when approaching or passing the stopped vehicle by moving into a lane at least one moving lane apart from the stopped vehicle unless directed otherwise by any peace officer, authorized emergency personnel, or road assistance personnel.

(c) If there are not two adjacent lanes of travel in the same direction on the same side of the highway as the stopped vehicle or if moving into another lane is not reasonably possible, the driver of the approaching or passing vehicle shall:

(i) Reduce his or her speed;

(ii) Maintain a safe speed with regard to the location of the stopped vehicle, the weather conditions, the road conditions, and vehicular or pedestrian traffic; and

(iii) Proceed with due care and caution or proceed as directed by any peace officer, authorized emergency personnel, or road assistance personnel.

(d) Any person who violates this subsection is guilty of a:

(i) Class IIIA misdemeanor for a second or subsequent violation committed within five years after a conviction for a violation of this subsection; or

(ii) Traffic infraction for any other violation.

(2) Subsection (1) of this section does not apply if the stopped vehicle is unoccupied and there are no individuals present in or near the stopped vehicle.

(3) The Department of Transportation shall erect and maintain or cause to be erected and maintained signs giving notice of subsection (1) of this section along controlled-access highways.

(4) Enforcement of subsection (1) of this section shall not be accomplished using simulated situations involving a stopped vehicle.

(5) This section does not relieve the driver of a stopped vehicle from the duty to operate or stop such vehicle with due regard for the safety of all persons using the highway.

(6) For purposes of this section:

(a) Moving into another lane is not reasonably possible if it would be impractical or unsafe to do so because of weather conditions, road conditions, or the immediate presence of vehicular or pedestrian traffic; and

(b) Road assistance personnel includes any agent of the Nebraska Department of Transportation, the Nebraska State Patrol, the United States Department of Transportation, or a utility company.