AB 902, as introduced, Beth Gaines. Vehicles: rules of the road: right-of-way.
Existing law requires 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, to approach with due caution and, before passing in a lane immediately adjacent to one of those specified vehicles, absent other direction by a peace officer, either proceed to make a lane change into an available lane not immediately adjacent to one of those specified vehicles, or slow to a reasonable and prudent speed that is safe for existing weather, road, and vehicular or pedestrian traffic conditions, as specified. Existing law makes a violation of that provision an infraction, punishable by a fine of not more than $50.
This bill would increase the fine for a violation of that provision to a fine of not more than $250. By increasing the penalty for an existing crime, this bill would impose a state-mandated local program.
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 21809 of the Vehicle Code is amended
2to read:
(a) A person driving a vehicle on a freeway
4approaching a stationary authorized emergency vehicle that is
5displaying emergency lights, a stationary tow truck that is
6displaying flashing amber warning lights, or a stationary marked
7Department of Transportation vehicle that is displaying flashing
8amber warning lights, shall approach with due caution and, before
9passing in a lane immediately adjacent to the authorized emergency
10vehicle, tow truck, or Department of Transportation vehicle, absent
11other direction by a peace officer, proceed to do one of the
12following:
13(1) Make a lane change into an available lane not immediately
14adjacent to the authorized emergency vehicle, tow truck, or
15Department of Transportation vehicle, with due regard for safety
16and traffic
conditions, if practicable and not prohibited by law.
17(2) If the maneuver described in paragraph (1) would be unsafe
18or impracticable, slow to a reasonable and prudent speed that is
19safe for existing weather, road, and vehicular or pedestrian traffic
20conditions.
21(b) A violation of subdivision (a) is an infraction, punishable
22by a fine of not more thanbegin insert two hundredend insert fifty dollarsbegin delete ($50)end deletebegin insert ($250)end insert.
23(c) The requirements of subdivision (a) do not apply if the
24stationary authorized emergency vehicle that is displaying
25emergency
lights, the stationary tow truck that is displaying
26flashing amber warning lights, or the stationary marked Department
27of Transportation vehicle that is displaying flashing amber warning
28lights is not adjacent to the freeway or is separated from the
29freeway by a protective physical barrier.
No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
P3 1infraction, eliminates a crime or infraction, or changes the penalty
2for a crime or infraction, within the meaning of Section 17556 of
3the Government Code, or changes the definition of a crime within
4the meaning of Section 6 of Article XIII B of the California
5Constitution.
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