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 truckbegin insert who is eitherend insert operating under an agreement with the law enforcement agency responsible for investigating traffic collisions on the roadwaybegin insert or summoned by the owner or operator of a vehicle involved in a collision or that is otherwise disabled on the roadwayend insert 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 21719 is added to the Vehicle Code, to
2read:
(a) Notwithstanding any other law, in the event of an
4emergency occurring on a roadway that requires the rapid removal
5of impediments to traffic or rendering of assistance to a disabled
6vehicle obstructing a roadway, a tow truck driverbegin insert who is eitherend insert
7 operating under an agreement with the law enforcement agency
8responsible for investigating traffic collisions on the roadwaybegin insert or
9summoned by the owner or operator of a vehicle involved in a
10collision or that is otherwise disabled on the roadwayend insert may utilize
11the center median or right shoulder of a roadway if
all of the
12following conditions are met:
13(1) A peace officer employed by the investigating law
14enforcement agency is at the scene of the roadway obstruction and
15has determined that the obstruction has caused an unnecessary
16delay to motorists using the roadway.
17(2) A peace officer employed by the investigating law
18enforcement agency has determined that a tow truck can provide
19emergency roadside assistance by removing the disabled vehicle
20and gives explicit permission to the tow truck driver allowing the
21utilization of the center median or right shoulder of the roadway.
22(3) The tow truck is not operated on the center median or right
23shoulder at a speed greater than what is reasonable or prudent
24having due
regard for weather, visibility, the traffic on, and the
25surface and width of, the roadway, and in no event at a speed that
26endangers the safety of persons or property.
27(4) The tow truck displays flashing amber warning lamps to the
28front, rear, and both sides while driving in the center median or
29right shoulder of a roadway pursuant to this section.
30(b) For purposes of this section, “utilize the center median”
31includes making a U-turn across the center median.
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