BILL NUMBER: AB 198	CHAPTERED
	BILL TEXT

	CHAPTER  30
	FILED WITH SECRETARY OF STATE  JUNE 30, 2015
	APPROVED BY GOVERNOR  JUNE 30, 2015
	PASSED THE SENATE  JUNE 18, 2015
	PASSED THE ASSEMBLY  JUNE 22, 2015
	AMENDED IN SENATE  JUNE 2, 2015
	AMENDED IN SENATE  MAY 11, 2015

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, 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 who is either
operating under an agreement with the law enforcement agency
responsible for investigating traffic collisions on the roadway or
summoned by the owner or operator of a vehicle involved in a
collision or that is otherwise disabled 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21719 is added to the Vehicle Code, to read:
   21719.  (a) 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 who is either
operating under an agreement with the law enforcement agency
responsible for investigating traffic collisions on the roadway or
summoned by the owner or operator of a vehicle involved in a
collision or that is otherwise disabled on the roadway may utilize
the center median or right shoulder of a roadway if all of the
following conditions are met:
   (1) 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.
   (2) A peace officer employed by the investigating law enforcement
agency has determined that a tow truck can provide emergency roadside
assistance by removing the disabled vehicle and gives explicit
permission to the tow truck driver allowing the utilization of the
center median or right shoulder of the roadway.
   (3) 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.
   (4) 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.
   (b) For purposes of this section, "utilize the center median"
includes making a U-turn across the center median.