Amended in Senate May 11, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 198

Introduced by Assembly Member Frazier

January 28, 2015

An act to add Section 21719 to the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 198, as amended, Frazier. Vehicles: tow truck assistance.

Existing law prohibits a person from stopping, parking, or leaving standing any vehicle upon a freeway that has full control of access and no crossing at grade except when necessary for the purpose of rapid removal of impediments to traffic by the owner or operator of a tow truck operating under an agreement with the Department of the California Highway Patrol.

This bill would authorize a driver of a tow truck operating under an agreement with the law enforcement agency responsible for investigating traffic collisions on the roadway to utilize the center median or right shoulder of a roadway in the event of an emergency occurring on a roadway that requires the rapid removal of impediments to traffic or rendering of assistance to a disabled vehicle obstructing a roadway if specified conditions are met.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 21719 is added to the Vehicle Code, to
read:

21719.  

begin insert (a) end insert begin insert   end insert Notwithstanding any other law, in the event of an
emergency occurring on a roadway that requires the rapid removal
of impediments to traffic or rendering of assistance to a disabled
vehicle obstructing a roadway, a tow truck driver operating under
an agreement with the law enforcement agency responsible for
investigating traffic collisions on the roadway may utilize the
center median or right shoulder of a roadway if all of the following
conditions are met:

begin delete

(a)

end delete

begin insert ( end insert begin insert 1) end insert  A peace officer employed by the investigating law
enforcement agency is at the scene of the roadway obstruction and
has determined that the obstruction has caused an unnecessary
delay to motorists using the roadway.

begin delete

(b)

end delete

begin insert ( end insert begin insert 2) end insert  A peace officer employed by the investigating law
enforcement agency has determined that a tow truck can provide
emergency roadside assistance by removing the begin delete obstruction end delete
begin insert disabled vehicle end insert and gives explicit permission to the tow truck
driver allowing the utilization of the center median or right shoulder
of the roadway.

begin delete

(c)

end delete

begin insert ( end insert begin insert 3) end insert  The tow truck is not operated on the center median or right
shoulder at a speed greater than what is reasonable or prudent
having due regard for weather, visibility, the traffic on, and the
surface and width of, the roadway, and in no event at a speed that
endangers the safety of persons or property.

begin delete

(d)

end delete

begin insert ( end insert begin insert 4) end insert  The tow truck displays flashing amber warning lamps to the
front, rear, and both sides while driving in the center median or
right shoulder of a roadway pursuant to this section.

begin insert

(b) For purposes of this section, “utilize the center median”
includes making a U-turn across the center median.

end insert