SB 240 Senate Bill - INTRODUCED

BILL NUMBER: SB 240	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wright

                        FEBRUARY 24, 2009

   An act to amend Section 21809 of, and to amend, repeal, and add
Section 25256 of, the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 240, as introduced, Wright. Vehicles: Department of
Transportation vehicles.
   (1) Existing law requires a person driving a vehicle on a freeway
approaching a stationary authorized emergency vehicle that is
displaying emergency lights or a stationary tow truck that is
displaying flashing amber warning lights, to approach with due
caution, and before passing in the lane immediately adjacent to the
stationary vehicle, absent other direction by a peace officer, to
move into an available lane that is not immediately adjacent to the
stationary vehicle or if that lane change would be unsafe or
impracticable, to slow to a reasonable and prudent speed. A violation
of those requirements is an infraction.
   This bill would also apply those requirements to a person driving
a vehicle on a freeway that approaches a stationary marked Department
of Transportation vehicle displaying flashing amber warning lights.
By expanding the scope of an existing crime, this bill would impose a
state-mandated local program.
   (2) Existing law allows a vehicle that is used by a highway
authority or a bridge and highway district, or by an authority's or
district's authorized representative, and that is used in highway
maintenance, inspection, survey, or construction work, to display
flashing amber warning lights when the vehicle is parked or working
on the highway.
   This bill would, until January 1, 2011, allow, only under
specified circumstances, a stationary Department of Transportation
vehicle to display flashing amber warning lights on a freeway.
   (3) 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,  or  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 or   vehicle,  tow
truck,  absent any   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 or tow truck
  vehicle, tow truck, or Department of Transpor 
 tation 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 fifty dollars ($50). 
   (c) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date. 
  SEC. 2.  Section 25256 of the Vehicle Code is amended to read:
   25256.   Vehicles  (a)    
A vehicle that is  used by  a  highway 
authorities   authority  or bridge and highway
 districts, and vehicles of duly authorized representatives
thereof,   district, or by a duly authorized
representative of a highway authority or a bridge or highway
district, and is  used in highway maintenance, inspection,
 survey   survey,  or construction work may
display flashing amber warning lights to the front,  sides
  sides,  or rear when  such vehicles are
  the vehicle is  parked or working on the highway.

   (b) A stationary Department of Transportation vehicle shall
display flashing amber warning lights on a freeway only under the
conditions set forth in the California Department of Transportation
Maintenance Manual.  
   (c) This section shall remain in effect until January 1, 2011, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2011, deletes or extends that date. 
  SEC. 3.  Section 25256 is added to the Vehicle Code, to read:
   25256.  (a) A vehicle that is used by a highway authority or a
bridge and highway district, or by a duly authorized representative
of a highway or a bridge or highway district, and that is used in
highway maintenance, inspection, survey, or construction work, may
display flashing amber warning lights to the front, sides, or rear
when the vehicle is parked or working on the highway.
   (b) This section shall become operative on January 1, 2011.
  SEC. 4.  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.