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February 2010

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Move over AmericaThe amended law calls for oncoming motorists “to give a wide berth to stationary vehicles displaying emergency or warning lights when approaching highway emergencies. This includes Police cruisers display flashing blue lights when they are assisting a motorists, tending to an accident scene or issuing tickets, fire department vehicles and ambulances display flashing red lights and tow trucks and state DOT crew vehicles display amber, or flashing yellow lights.

State officials hope the display of flashing lights will improve overall safety for first responders, highway crews and police officers while they are on the job. There have been several incidents where police officers and others have been injured when oncoming motorists were not paying attention, did not reduce their speed and actually struck some people. The amended law also includes tow truck operators and highway workers.

Slowing down and moving away from the scene of a roadside incident should be common sense, but not enough drivers do it. These additions to the “Move Over” law will provide protection to a larger group of emergency responders and members of the public.”

According to the group, Move Over, America, a national partnership created in 2007 by the National Safety Commission, the National Sheriff’s Association and the National Association of Police Organizations, 44 states have implemented move over laws.

“More than 150 U.S. law enforcement officers have been killed since 1997 after being struck by vehicles along America’s highways, according to the National Law Enforcement Officers Memorial Fund,” according to information posted on the group’s Web site, www.moveoveramerica.com.

Here is an exerpt of the California law:
(reference: http://www.leginfo.ca.gov/pub/05-06/bill/sen/sb_1601-1650/sb_1610_bill_20060920_chaptered.html)
BILL NUMBER: SB 1610 CHAPTERED
APPROVED BY GOVERNOR SEPTEMBER 20, 2006

SB 1610, Simitian Vehicles: emergency vehicles.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21706.5 is added to the Vehicle Code, to read: 21706.5. (a) For purposes of this section, the following terms have the following meanings:
(1) “Emergency incident zone” means an area on a freeway that is within 500 feet of, and in the direction of travel of, a stationary authorized emergency vehicle that has its emergency lights activated. Traffic in the opposite lanes of the freeway is not in an “emergency incident zone.”
(2) “Operate a vehicle in an unsafe manner” means operating a motor vehicle in violation of an act made unlawful under this division, except a violation of Section 21809.<
(b) A person shall not operate a vehicle in an unsafe manner within an emergency incident zone.
SEC. 2. Section 21809 is added to the Vehicle Code, 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 the 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).
(c) 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.

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