Bill Text: CA SB159 | 2009-2010 | Regular Session | Chaptered

California Senate Bill 159 (Prior Session Legislation)

Bill Title: Vehicles: emergency vehicles.

Spectrum: Bipartisan Bill

Status: (Passed) 2009-08-06 - Chaptered by Secretary of State. Chapter 33, Statutes of 2009. [SB159 Detail]

Download: California-2009-SB159-Chaptered.html

BILL NUMBER: SB 159	CHAPTERED
	BILL TEXT

	CHAPTER  33
	FILED WITH SECRETARY OF STATE  AUGUST 6, 2009
	APPROVED BY GOVERNOR  AUGUST 5, 2009
	PASSED THE SENATE  APRIL 23, 2009
	PASSED THE ASSEMBLY  JULY 16, 2009
	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senators Simitian and Ashburn

                        FEBRUARY 14, 2009

   An act to amend Section 21809 of, and to amend and repeal Section
25253 of, the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 159, Simitian. Vehicles: emergency vehicles.
   (1) Existing law requires a person driving a vehicle on a freeway
approaching a stationary authorized emergency vehicle 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, to either change lanes or slow to a
reasonable and prudent speed, absent any other direction by a peace
officer. This provision is repealed on January 1, 2010. A violation
of this provision is an infraction.
   This bill would delete the repeal date. Because this bill would
extend a criminal violation indefinitely, the bill would impose a
state-mandated local program.
   (2) 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. Existing law prohibits a tow truck
from displaying flashing amber warning lamps on a freeway except when
an unusual traffic hazard or extreme hazard exists. This provision
is repealed on January 1, 2010. A violation of this provision is a
crime.
   This bill would delete the repeal date. Because this bill would
extend a criminal violation indefinitely, the bill would impose a
state-mandated local program.
   (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.


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, shall approach with due caution and, before passing
in a lane immediately adjacent to an 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).
  SEC. 2.  Section 25253 of the Vehicle Code, as amended by Section 3
of Chapter 375 of the Statutes of 2006, 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.
  SEC. 3.  Section 25253 of the Vehicle Code, as added by Section 4
of Chapter 375 of the Statutes of 2006, is repealed.
  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.