Since 2018, over a hundred law enforcement officers in California have tragically lost their lives while responding to auto accidents. This number does not include the many maintenance workers and tow truck drivers who also risk their lives to keep California roads safe.
This is where Section 21809 of the California Vehicle Code comes into play. California Move Over Law requires drivers to move over or slow down when approaching emergency vehicles, tow trucks, and road maintenance vehicles with flashing lights.
By understanding and following the move over law in California, everyone can help make the roads safer, especially for those who work tirelessly to ensure public safety.
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What Does the California Move Over Law Say?
The Move Over Law is designed to protect people working on or near the roadway. When drivers see a vehicle with flashing amber lights on the side of the road, such as emergency vehicles, tow trucks, or maintenance vehicles operated by the California Department of Transportation (Caltrans) or other road maintenance agencies, they must slow down and then take these specific actions.
- Change Lanes. If it is safe, they should move over a lane farther from the stopped vehicle. This helps ensure a safer space for highway workers and anybody working on the roadside.
- Slow Down. If changing lanes is not possible, drivers must reduce their speed and proceed with care.
Who Does the Move Over Law in California Apply To?
The law applies to all drivers approaching vehicles with flashing amber lights on the roadside. This includes:
- Emergency Vehicles such as police cars, fire trucks, and ambulances.
- Tow Trucks which assist with disabled or abandoned vehicles.
- Maintenance Vehicles operated by Caltrans or other road maintenance agencies.
What Happens if You Don’t Move Over?
Many drivers either do not know about or choose to ignore this important safety regulation. Thanks to the efforts of the California Department of Transportation (Caltrans) and the California Highway Patrol (CHP), California is actively enforcing this law. Motorists should be aware that not following the California Move Over Law can result in several penalties:
Fines
Drivers may be fined up to $50 for a first offense. For repeat violations, the fines can increase, reaching up to $1,000 or more.
Points on Driving Record
Each time a driver is convicted of a violation, the court informs the Department of Motor Vehicles (DMV), and the conviction is added to the driver’s record. Convictions from other states and juvenile courts are also included.
Traffic convictions and collisions can remain on the record for 36 months or more, depending on the type of offense. According to the California Driver’s Handbook, a driver’s license may be suspended if the record shows:
- 4 points in 12 months
- 6 points in 24 months
- 8 points in 36 months
Higher Penalties for Repeat Offenders
Drivers who repeatedly violate the law may face higher fines and more severe consequences. Repeated offenses can lead to additional legal and financial repercussions.
What Are the Common Misconceptions About the Move Over Law?
Several misconceptions about the move over law in California can lead to confusion. Here are some common myths and the facts that clarify them:
Myth: The Law Only Applies to Emergency Vehicles
Fact: The law covers not only emergency vehicles like police cars, fire trucks, and ambulances but also tow trucks and maintenance vehicles operated by Caltrans and other road maintenance agencies.
Myth: You Only Need to Move Over If There’s a Barrier or Median
Fact: Drivers are required to move over or slow down regardless of road conditions or the presence of a barrier. If it’s safe to change lanes, drivers should do so even if there’s no physical separation between lanes.
Myth: The Law Only Applies During Daylight Hours
Fact: The move over law in California is in effect 24 hours a day. Drivers must follow the law at all times, whether it’s day or night.
Myth: You Can Ignore the Law if Traffic is Heavy
Fact: Even in heavy traffic, drivers must move over or slow down when approaching vehicles with flashing amber lights. If a lane change isn’t possible, slowing down is required.
Myth: You Can Get a Pass if You’re Already in the Same Lane as the Flashing Vehicle
Fact: The California Move Over Law applies regardless of whether a vehicle is already in the same lane as the flashing vehicle. Drivers should still make an effort to move over or slow down for traffic safety.
Myth: Only Drivers in the Lane Closest to the Flashing Vehicle Need to Move Over
Fact: The law applies to all lanes of traffic. Drivers should move over to the lane farthest from the flashing vehicle, if it’s safe to do so, regardless of their current lane.
Myth: If You’re Not Stopped for a Violation, You Won’t Face Penalties
Fact: The law applies to all lanes of traffic. Drivers should move over to the lane farthest from the flashing vehicle, if it’s safe to do so, regardless of their current lane.
What Should You Do If You’re Involved in an Accident?
If you’re in an accident with a stopped emergency or maintenance vehicle displaying flashing amber lights, follow these steps:
- Move Your Vehicle. If it is safe, move your vehicle to a secure area away from traffic. Turn on your hazard lights to alert other drivers to the situation.
- Check for Injuries. Check yourself, your passengers, and others involved for any injuries. If anyone is hurt, call emergency medical services immediately and provide assistance if possible.
- Contact Law Enforcement. Call the police to report the accident. Provide detailed information about the incident, including the presence of the stopped emergency or maintenance vehicle with flashing amber lights. Law enforcement will document the scene and prepare an accident report.
- Gather Information. Obtain contact and insurance information from all drivers involved, including those connected to the stopped vehicle. Note the make, model, and license plate numbers of all vehicles. If personnel from the stopped vehicle are present, get their contact information as well.
- Document the Scene. Photograph the scene of the accident, including the vehicles, their positions, and any damage. Make sure to capture the stopped emergency or maintenance vehicle with flashing amber lights, as well as any relevant road conditions and signage.
- Notify Your Insurance Company. Report the accident to your insurance provider promptly. Provide all collected information and documentation. Your insurer will help you with the claims process and address the damages.
- Seek Medical Attention. Even if you do not feel injured, it is advisable to see a healthcare provider. Some injuries may not be immediately noticeable, and having a medical record can be important for insurance and legal matters.
- Follow Up. Keep track of your insurance claim and any legal proceedings related to the accident. Stay in contact with your insurance provider and any legal advisors to ensure everything is managed properly.
Are You a Motorist Who is a Victim of a California Move Over Law Violation? Call our Accident Lawyer
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If you’ve been involved in an accident where the move over law in California was violated, it’s important to seek professional legal assistance.
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