BILL NUMBER: SB 240	CHAPTERED
	BILL TEXT

	CHAPTER  175
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 11, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2009
	AMENDED IN ASSEMBLY  JUNE 23, 2009
	AMENDED IN SENATE  MARCH 31, 2009

INTRODUCED BY   Senator Wright

                        FEBRUARY 24, 2009

   An act to amend Section 21809 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 240, Wright. Vehicles: Department of Transportation vehicles.
   (1) Existing law until January 1, 2010, 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 extend this provision indefinitely. The bill,
except as specified, would also apply these 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 extending indefinitely, and expanding the scope
of, an existing crime, this bill would impose a state-mandated local
program.
   (2) 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.



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).
   (c) The requirements of subdivision (a) do not apply if the
stationary authorized emergency vehicle that is displaying emergency
lights, the stationary tow truck that is displaying flashing amber
warning lights, or the stationary marked Department of Transportation
vehicle that is displaying flashing amber warning lights is not
adjacent to the freeway or is separated from the freeway by a
protective physical barrier.
  SEC. 2.  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.