California Vehicle Code § 21809 | Failure to Slow When Approaching or Passing Stationary Emergency Vehicle
CVC § 21809 is the “Move Over” law that requires vehicles to attempt to move to another lane or to use caution when passing a stationary emergency vehicle with its amber lights flashing.
CVC § 21809 section states:
“A person driving a vehicle on a freeway approaching a stationary authorized emergency vehicle that is displaying emergency lights, a stationary tow truck that is displaying flashing amber warning lights. or
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, tow truck, or Department of Transportation vehicle.
When approaching an emergency vehicle, drivers should do one of the following:
- Change lanes into a space that is not directly adjacent to the emergency vehicle
- If changing lanes would be unsafe or impracticable, slow to a reasonable speed
Specifically, if you are on the freeway and an emergency vehicle has its lights flashing, you should first slow down and then attempt to move to a different lane that is not immediately next to or adjacent to the emergency vehicles if you are able to do so safely.
If there is heavy traffic in your immediate vicinity stop if possible or slow considerably and wait for a safe opening to change lanes without disturbing other vehicles.
What Constitutes an “Emergency Vehicle”?
Knowing when you need to slow down or move over can be confusing as emergency vehicles can take a variety of forms. Identifying an emergency vehicle as soon as possible will give you the best chance at avoiding a possible traffic citation and give maximum courtesy to other drivers.
Some examples of emergency vehicles include:
- Police Cars
- Firetrucks
- Tow Trucks
- Any other Department of Transportation Vehicle
Keep an eye out for any vehicle with amber flashing lights. When in doubt, it is best to be cautious. Always give the right of way to any emergency vehicle as soon as you notice their presence on the roadway.
CVC § 21809 Can be Confusing
When is the proper time to yield to an emergency vehicle?
When motorists see an emergency vehicle on the shoulder, many continuing driving but slow down without changing lanes.
If a police officer is monitoring traffic, he or she will likely pull over motorists who simply pass the vehicles even at the posted speed limit. Your first reaction when noticing an emergency vehicle with its lights on should be to immediately slow down and merge over to the shoulder as soon as possible.
California vehicle code states that if you are unable to do this with reasonable safety, then you may proceed to a “reasonable and prudent speed” based on the existing traffic conditions.
Whether you violated CVC § 21809 is largely subjective and a judgment call of the police officer who issued the citation.
Generally law enforcement will issue a citation if the following actions were committed:
(1) Failed to move into a different lane that was not immediately out of the way of an emergency vehicle.
(2) Vehicle traveling too fast for the current traffic conditions when you passed an emergency vehicle.
Penalties for failing to slow down or move over for an emergency vehicle starts at $237 plus a point on your driving record.
If you received a citation for CVC 21809, our team may be able to assist. Give us a call or submit your citation for a free ticket review.