New California "Move Over" or "Slow Down" Law - Facts, Law text

California “Move Over” Law  

Protecting Public Safety Personnel on the Highways

Effective July 1, 2007, California motorists are now required to take specific action when approaching an area on the freeway where emergency vehicles are present and displaying emergency lights.

Know as the “Move Over” law, motorists are now required to either move over to a lane not adjacent to the emergency vehicles or vehicle. If not practical or safe to do so, the motorist must slow down to a reasonable or prudent speed that is safe for the existing weather, road, and vehicular or pedestrian traffic conditions.

If the stationary marked vehicle that is displaying flashing amber warning lights is not adjacent to the freeway or is separated from the freeway by a protective physical barrier action is not required.

The Law:  CA VC 21809

Freeway: Stationary Vehicles Displaying Emergency or Warning Lights

21809.  (a) A person driving a vehicle on a freeway approaching a stationary authorized emergency vehicle that is displaying emergency lights, ( )¹ 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 ( )¹ , tow truck, or Department of Transportation vehicle, absent ( )² 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, tow truck, or ( )³ Department of Transportation 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) ( )⁴ 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, or the stationary marked Department of Transportation vehicle that is displaying flashing amber warning lights is not adjacent to the freeway or is separated from the freeway by a protective physical barrier.

Added Sec. 2, Ch. 375, Stats. 2006. Effective January 1, 2007.
Amended Sec. 1, Ch. 175, Stats. 2009. Effective January 1, 2010.
The 2009 amendment added the italicized material, and at the point(s) indicated, deleted the following:
1. “or”
2. “any”
3. “tow truck”
4. “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.”.

DMV Cite:  http://www.dmv.ca.gov/pubs/vctop/d11/vc21809.htm

Since 1924, 174 Caltrans workers have lost their lives in the line of duty. CalTrans Link

Enacted in 42 states, this law is intended to protect emergency workers and personnel at the scene of an emergency incident or other situation where public safety personnel are present.
Information on “Move Over” laws in other states and the National “Move Over America” campaign can be found at: www.MoveOverAmerica.com