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Moving Over For Stopped Vehicles

Veh. Code 21809 — change lanes or slow down near emergency lights, tow trucks and hazard lights

In California, a driver approaching a stationary emergency vehicle showing emergency lights, a stationary tow truck or marked highway maintenance vehicle showing flashing amber lights, or any other stationary vehicle showing hazard lights or a warning device such as cones, flares or reflectors, approaches with due caution and, before passing in the lane next to it, does one of two things unless a peace officer directs otherwise.

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  • Changes into an available lane not next to the vehicle, with due regard for safety and traffic, if that is practicable and not prohibited.
  • If that would be unsafe or impracticable, slows to a reasonable and prudent speed that is safe for the conditions.

A violation is an infraction with a fine of not more than fifty dollars ($50). The rule does not apply where the stopped vehicle is not next to the highway or is separated from it by a protective physical barrier.

Sources for this section (1)
  1. Veh. Code 21809 — Stationary emergency vehicles and tow trucks: duties of a driver approaching

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.

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