BILL NUMBER: SB 240 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 31, 2009
INTRODUCED BY Senator Wright
FEBRUARY 24, 2009
An act to amend Section 21809 of, and to amend, repeal,
and add Section 25256 of, Sections 21809 and 25256 of
the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 240, as amended, Wright. Vehicles: Department of Transportation
vehicles.
(1) Existing law requires a person driving a vehicle on a freeway
approaching a stationary authorized emergency vehicle that is
displaying emergency lights or a stationary tow truck that is
displaying flashing amber warning lights, to approach with due
caution, and before passing in the lane immediately adjacent to the
stationary vehicle, absent other direction by a peace officer, to
move into an available lane that is not immediately adjacent to the
stationary vehicle or if that lane change would be unsafe or
impracticable, to slow to a reasonable and prudent speed. A violation
of those requirements is an infraction.
This bill would also apply those requirements to a person driving
a vehicle on a freeway that approaches a stationary marked Department
of Transportation vehicle displaying flashing amber warning lights.
By expanding the scope of an existing crime, this bill would impose a
state-mandated local program.
(2) Existing law allows a vehicle that is used by a highway
authority or a bridge and highway district, or by an authority's or
district's authorized representative, and that is used in highway
maintenance, inspection, survey, or construction work, to display
flashing amber warning lights when the vehicle is parked or working
on the highway.
This bill would, until January 1, 2011, allow, only under
specified circumstances, a stationary Department of Transportation
vehicle to display flashing amber warning lights on a freeway.
This bill would prohibit a stationary Department of Transportation
vehicle from displaying flashing amber warning lights on a freeway
except when an unusual traffic hazard or extreme hazard exists.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21809 of the Vehicle Code is amended to read:
21809. (a) A person driving a vehicle on a freeway approaching a
stationary authorized emergency vehicle that is displaying emergency
lights, a stationary tow truck that is displaying flashing amber
warning lights, or a stationary marked Department of Transportation
vehicle that is displaying flashing amber warning lights, shall
approach with due caution and, before passing in a lane immediately
adjacent to the authorized emergency vehicle, tow truck, or
Department of Transportation vehicle, absent other direction by a
peace officer, proceed to do one of the following:
(1) Make a lane change into an available lane not immediately
adjacent to the authorized emergency vehicle, tow truck, or
Department of Transportation vehicle, with due regard for safety and
traffic conditions, if practicable and not prohibited by law.
(2) If the maneuver described in paragraph (1) would be unsafe or
impracticable, slow to a reasonable and prudent speed that is safe
for existing weather, road, and vehicular or pedestrian traffic
conditions.
(b) A violation of subdivision (a) is an infraction, punishable by
a fine of not more than fifty dollars ($50).
SEC. 2. Section 25256 of the Vehicle Code is amended to read:
25256. (a) A vehicle that is used by a highway authority or
bridge and highway district, or by a duly authorized representative
of a highway authority or a bridge or highway district, and is used
in highway maintenance, inspection, survey, or construction work may
display flashing amber warning lights to the front, sides, or rear
when the vehicle is parked or working on the highway.
(b) A stationary Department of Transportation vehicle shall
display flashing amber warning lights on a freeway only under the
conditions set forth in the California Department of Transportation
Maintenance Manual.
(c) This section shall remain in effect until January 1, 2011, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2011, deletes or extends that date.
SEC. 3. Section 25256 is added to the Vehicle Code, to read:
(a) A vehicle that is used by a highway authority or a bridge and
highway district, or by a duly authorized representative of a highway
or a bridge or highway district, and that is used in highway
maintenance, inspection, survey, or construction work, may display
flashing amber warning lights to the front, sides, or rear when the
vehicle is parked or working on the highway.
(b) This section shall become operative on January 1, 2011.
(b) A stationary Department of Transportation vehicle shall not
display flashing amber warning lights on a freeway except when an
unusual traffic hazard or extreme hazard exists.
SEC. 4. SEC. 3. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.