Bill Text: CA AB390 | 2025-2026 | Regular Session | Chaptered
Bill Title: Vehicles: highway safety.
Sponsorship: Moderate Partisan Bill (Democrat 11-3)
Status: (Passed) 2025-07-28 - Chaptered by Secretary of State - Chapter 58, Statutes of 2025. [AB390 Detail]
Download: California-2025-AB390-Chaptered.html
Assembly Bill
No. 390
CHAPTER 58
An act to amend Section 21809 of the Vehicle Code, relating to vehicles.
[
Approved by
Governor
July 28, 2025.
Filed with
Secretary of State
July 28, 2025.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 390, Wilson.
Vehicles: highway safety.
Existing law requires a driver approaching, among others, a stationary marked Caltrans vehicle that is displaying flashing lights to approach with due caution and either change lanes to a lane not immediately adjacent to the vehicle, or, if unable to safely do so, slow to a reasonable and prudent speed, as specified. Existing law makes a violation of that provision an infraction, punishable by a fine of not more than $50.
This bill would expand that requirement to apply to all marked highway maintenance vehicles, as defined, and would also make that requirement applicable to any other stationary vehicle displaying flashing hazard lights or another warning device, including, but not limited to, cones, flares, or retroreflective devices. By expanding the scope of a crime, this bill would impose a state-mandated local program.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
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 highway approaching a stationary authorized emergency vehicle that is displaying emergency lights, a stationary tow truck that is displaying flashing amber warning lights, a stationary marked highway maintenance vehicle that is displaying flashing amber warning lights, or any other stationary vehicle displaying flashing hazard lights or another warning device, including, but not limited to, cones, flares, or retroreflective devices, shall approach with due caution and, before passing in a lane immediately adjacent to the authorized emergency vehicle, tow truck, highway maintenance vehicle, or any other vehicle, absent 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 that is displaying emergency lights, a stationary tow truck that is displaying flashing amber warning lights, a stationary marked highway maintenance vehicle that is displaying flashing amber warning lights, or any other stationary vehicle displaying flashing hazard lights or another warning device, including, but not limited to, cones, flares, or retroreflective devices, 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) 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, the stationary marked highway maintenance vehicle that is displaying flashing amber warning lights, or any other stationary vehicle displaying flashing hazard lights or another warning device, including, but not limited to, cones, flares, or retroreflective devices, is not adjacent to the highway or is separated from the highway by a protective physical barrier.
(d) For the purposes of this section, “highway maintenance vehicle” means a vehicle used for the maintenance of highways and roadways in this state and is either of the following:
(1) Owned or operated by the Department of Transportation, a county, or a
municipality or other political subdivision of this state.
(2) Owned or operated by a contractor under contract with the Department of Transportation, a county, a municipality, or other political subdivision of this state to maintain highways, roadways, or both.
