BILL NUMBER: AB 902	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Beth Gaines

                        FEBRUARY 22, 2013

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



	LEGISLATIVE COUNSEL'S DIGEST


   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 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  two hundred  fifty dollars
 ($50)   ($250)  .
   (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.