Bill Text: CA AB198 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vehicles: tow truck assistance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-06-30 - Chaptered by Secretary of State - Chapter 30, Statutes of 2015. [AB198 Detail]

Download: California-2015-AB198-Amended.html

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BILL NUMBER: AB 198	AMENDED
	BILL TEXT

	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, 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 truck operating under
an agreement with the law enforcement agency responsible for
investigating traffic collisions 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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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
operating under an agreement with the law enforcement agency
responsible for investigating traffic collisions on the roadway may
utilize the center median or right shoulder of a roadway if all of
the following conditions are met: 
   (a) 
    (   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. 
   (b) 
    (   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 
obstruction   disabled vehicle  and gives explicit
permission to the tow truck driver allowing the utilization of the
center median or right shoulder of the roadway. 
   (c) 
    (   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.

   (d) 
    (   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.