20250AB__039095CHP INTRODUCED 2025-02-03 AMENDED_ASSEMBLY 2025-03-11 AMENDED_SENATE 2025-05-20 PASSED_ASSEMBLY 2025-07-10 PASSED_SENATE 2025-07-03 ENROLLED 2025-07-11 CHAPTERED 2025-07-28 APPROVED 2025-07-28 FILED 2025-07-28 2025 AB CHP CHP 0 Introduced by Assembly Member Wilson (Coauthors: Assembly Members Ahrens, Alanis, Bonta, Caloza, Haney, Lackey, McKinnor, Petrie-Norris, Ransom, Solache, and Soria) (Coauthors: Senators Archuleta and Niello) LEAD_AUTHOR ASSEMBLY Wilson COAUTHOR ASSEMBLY Ahrens COAUTHOR ASSEMBLY Alanis COAUTHOR ASSEMBLY Bonta COAUTHOR ASSEMBLY Caloza COAUTHOR ASSEMBLY Haney COAUTHOR ASSEMBLY Lackey COAUTHOR ASSEMBLY McKinnor COAUTHOR ASSEMBLY Petrie-Norris COAUTHOR ASSEMBLY Ransom COAUTHOR ASSEMBLY Solache COAUTHOR ASSEMBLY Soria COAUTHOR SENATE Archuleta COAUTHOR SENATE Niello

An act to amend

Section of the Vehicle Code, relating to vehicles. vehicles Vehicles: highway safety. Existing law requires a driver approaching, among others, a stationary marked Caltrans vehicle that is displaying flashing lights to approach with due caution and either change lanes to a lane not immediately adjacent to the vehicle, or, if unable to safely do so, slow to a reasonable and prudent speed, as specified. Existing law makes a violation of that provision an infraction, punishable by a fine of not more than $50.

This bill would expand that requirement to apply to all marked highway maintenance vehicles, as defined, and would also make that requirement applicable to any other stationary vehicle displaying flashing hazard lights or another warning device, including, but not limited to, cones, flares, or retroreflective devices. By expanding the scope of a 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. MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Section of the Vehicle Code is amended to read: 21809. (

a) A person driving a vehicle on a highway approaching a stationary authorized emergency vehicle that is displaying emergency lights, a stationary tow truck that is displaying flashing amber warning lights, a stationary marked highway maintenance vehicle that is displaying flashing amber warning lights, or any other stationary vehicle displaying flashing hazard lights or another warning device, including, but not limited to, cones, flares, or retroreflective devices, shall approach with due caution and, before passing in a lane immediately adjacent to the authorized emergency vehicle, tow truck, highway maintenance vehicle, or any other 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 that is displaying emergency lights, a stationary tow truck that is displaying flashing amber warning lights, a stationary marked highway maintenance vehicle that is displaying flashing amber warning lights, or any other stationary vehicle displaying flashing hazard lights or another warning device, including, but not limited to, cones, flares, or retroreflective devices, 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) 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, the stationary marked highway maintenance vehicle that is displaying flashing amber warning lights, or any other stationary vehicle displaying flashing hazard lights or another warning device, including, but not limited to, cones, flares, or retroreflective devices, is not adjacent to the highway or is separated from the highway by a protective physical barrier. (

d) For the purposes of this section, “highway maintenance vehicle” means a vehicle used for the maintenance of highways and roadways in this state and is either of the following:

(1) Owned or operated by the Department of Transportation, a county, or a municipality or other political subdivision of this state.

(2) Owned or operated by a contractor under contract with the Department of Transportation, a county, a municipality, or other political subdivision of this state to maintain highways, roadways, or both.

SEC. 2. No reimbursement is required by this act pursuant to

Section 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 of the Government Code, or changes the definition of a crime within the meaning of

Section of

Article XIII B of the California Constitution.