BILL NUMBER: SB 1610 CHAPTERED
BILL TEXT
CHAPTER 375
FILED WITH SECRETARY OF STATE SEPTEMBER 20, 2006
APPROVED BY GOVERNOR SEPTEMBER 20, 2006
PASSED THE SENATE AUGUST 29, 2006
PASSED THE ASSEMBLY AUGUST 23, 2006
AMENDED IN ASSEMBLY AUGUST 21, 2006
AMENDED IN ASSEMBLY JUNE 27, 2006
AMENDED IN SENATE APRIL 25, 2006
AMENDED IN SENATE APRIL 17, 2006
INTRODUCED BY Senators Simitian and Ashburn
FEBRUARY 24, 2006
An act to add Section 21706.5 to, to amend, repeal, and add
Section 25253 of, and to add and repeal Section 21809 of, the Vehicle
Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1610, Simitian Vehicles: emergency vehicles.
(1) Existing law requires the driver of a vehicle, upon the
immediate approach of an authorized emergency vehicle, as defined,
that is sounding a siren and has at least one lighted lamp exhibiting
red light, as specified, to yield the right-of-way and immediately
drive to the right-hand edge or curb of the highway, clear of an
intersection, and thereupon stop and remain stopped until the
authorized emergency vehicle has passed, except as otherwise directed
by a traffic officer.
This bill would prohibit a person from operating a vehicle in an
unsafe manner, as defined, within an emergency incident zone, as
defined. The bill would thereby impose a state-mandated local program
by creating a new crime.
(2) This bill, until January 1, 2010, would require 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 a lane
immediately adjacent to the authorized emergency vehicle or tow
truck, absent any other direction by a peace officer, proceed to
either make a lane change into an available lane, as specified, or,
if that maneuver would be unsafe or impracticable, slow to a
reasonable and prudent speed that is safe. The bill would thereby
impose a state-mandated local program by creating a new crime.
(3) Existing law requires tow trucks used to tow disabled vehicles
to be equipped with flashing amber warning lamps, and authorizes tow
trucks to display flashing amber warning lamps while providing
service to a disabled vehicle.
This bill, until January 1, 2010, would prohibit a tow truck from
displaying flashing amber warning lamps on a freeway except when an
unusual traffic hazard or extreme hazard exists. Because a violation
of this prohibition would be a crime, under provisions of existing
law, this bill would impose a state-mandated local program.
(4) The bill would require the Department of the California
Highway Patrol to submit a report to the Legislature regarding the
effects the statutory changes made by this bill had on the safety of
emergency responders and the motoring public.
(5) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21706.5 is added to the Vehicle Code, to read:
21706.5. (a) For purposes of this section, the following terms
have the following meanings:
(1) "Emergency incident zone" means an area on a freeway that is
within 500 feet of, and in the direction of travel of, a stationary
authorized emergency vehicle that has its emergency lights activated.
Traffic in the opposite lanes of the freeway is not in an "emergency
incident zone."
(2) "Operate a vehicle in an unsafe manner" means operating a
motor vehicle in violation of an act made unlawful under this
division, except a violation of Section 21809.
(b) A person shall not operate a vehicle in an unsafe manner
within an emergency incident zone.
SEC. 2. Section 21809 is added to the Vehicle Code, 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, shall approach with due caution and, before passing
in a lane immediately adjacent to the authorized emergency vehicle or
tow truck, absent any 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 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. 3. Section 25253 of the Vehicle Code is amended to read:
25253. (a) Tow trucks used to tow disabled vehicles shall be
equipped with flashing amber warning lamps. This subdivision does
not apply to a tractor-trailer combination.
(b) Tow trucks may display flashing amber warning lamps while
providing service to a disabled vehicle. A flashing amber warning
lamp upon a tow truck may be displayed to the rear when the tow truck
is towing a vehicle and moving at a speed slower than the normal
flow of traffic.
(c) A tow truck shall not display flashing amber warning lamps on
a freeway except when an unusual traffic hazard or extreme hazard
exists.
(d) 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. 4. Section 25253 is added to the Vehicle Code, to read:
25253. (a) Tow trucks used to tow disabled vehicles shall be
equipped with flashing amber warning lamps. This subdivision does
not apply to a tractor-trailer combination.
(b) Tow trucks may display flashing amber warning lamps while
providing service to a disabled vehicle. A flashing amber warning
lamp upon a tow truck may be displayed to the rear when the tow truck
is towing a vehicle and moving at a speed slower than the normal
flow of traffic.
(c) This section shall become operative on January 1, 2010.
SEC. 5. Notwithstanding Section 7550.5 of the Government Code, on
or before January 1, 2009, the Department of the California Highway
Patrol shall submit a report to the Legislature regarding the effect
of the statutory changes made by the act that added this section on
the safety of emergency responders and the motoring public.
SEC. 6. 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.