(1) A pedestrian commits the offense of pedestrian failure to yield to an ambulance, organ transport vehicle or emergency vehicle if the pedestrian does not yield the right of way to

(a) An ambulance used in an emergency situation; or

(b) An emergency vehicle, organ transport vehicle or an ambulance upon the approach of the vehicle using a visual signal or audible signal or both according to requirements under ORS 820.300 or 820.320.

(2) This section does not relieve the driver of an ambulance, organ transport vehicle or emergency vehicle from the duty to:

(a) Drive with due regard for the safety of all persons using the highway; and

(b) Exercise due care to avoid colliding with any pedestrian.

(3) The offense described in this section, pedestrian failure to yield to an ambulance, organ transport vehicle or emergency vehicle, is a Class D traffic violation.

(Roadway Use)