Vehicle Code 21706, the Move Over Law and How to Beat Speeding Tickets
Since January of this year there has been warning information circulating on-line and discussed around the water cooler regarding the “new” Move over Law traffic tickets and how to beat speeding tickets associated with the law.
#1.The law was enacted to protect Emergency Service Personnel, not as a means to generate revenue, as some emails have suggested. More than 150 U.S. law enforcement officers have been killed since 1999 after being struck by vehicles along America's highways, according to the National Law Enforcement Officers Memorial Fund. To lower that deadly toll, a new coalition of traffic safety and law enforcement groups launched a nationwide public awareness campaign to protect emergency personnel along our nation's roadsides. "The whole idea of that law is to keep people from running over us," said Kyle Coleman, a lieutenant with the Bexar County Sheriff's Department in Texas, where they have also implemented the Move over Law. "It's a real nerve-racking experience. You feel the wind from the (side) mirror slide across your back."
"People were not slowing down and it's very dangerous for the emergency services personnel to be on the side of the road," said Tela Mange, a spokeswoman for the Texas Department of Public Safety. "They are very vulnerable. There oftentimes are wrecks because people are not paying attention or are more interested on what's going on in the side of the road."#2. The California VC #21706.5 is not a “New” law. It has been in legislation and implemented in most all 50 states much longer than a few months as the emails circulating read. In California the law was passed in 2006 and implemented in 2007.
#3. The fines are not astronomical compared to other vehicle codes. 21706.5 will run you around $200, depending on what county you are cited in.
#4. The infraction will add 1 point to your driving record not 3 which has been circulating. That is of course, if you are only stopped for the “Move Over” infraction. If they also give you a speeding ticket because you were driving faster than is safe for the conditions, additional points will be added.
#5. DMV has very specific information for your use so you do not need to rely on emails and water cooler chat. The California Vehicle Code is Section 21706.5 which fall into Division 11, Rules of the Road, Chapter 3. Driving, Overtaking, and Passing, Article 2. Additional Driving Rules with the California Department Of Motor Vehicles (DMV). According to DMV, the definitions are as follows:
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.
Added Sec. 1, Ch. 375, Stats. 2006. Effective January 1, 2007.Additionally, Vehicle Section 21809 was added to the Vehicle Code, and reads:
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.In addition, Section 25253 of the Vehicle Code was amended to read:
25253. (a) Tow trucks used to tow disabled vehicles shall be equipped with flashing amber warning lamps. This subdivision does not apply to a tractor-trailer combination.
(b) Tow trucks may display flashing amber warning lamps while providing service to a disabled vehicle. A flashing amber warning lamp upon a tow truck may be displayed to the rear when the tow truck is towing a vehicle and moving at a speed slower than the normal flow of traffic.
(c) A tow truck shall not display flashing amber warning lamps on a freeway except when an unusual traffic hazard or extreme hazard exists.
(d) 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.Section 25253 was added to the Vehicle Code, to read:
25253. (a) Tow trucks used to tow disabled vehicles shall be equipped with flashing amber warning lamps. This subdivision does not apply to a tractor-trailer combination.
(b) Tow trucks may display flashing amber warning lamps while providing service to a disabled vehicle. A flashing amber warning lamp upon a tow truck may be displayed to the rear when the tow truck is towing a vehicle and moving at a speed slower than the normal flow of traffic.
(c) This section shall become operative on January 1, 2010.
SEC. 5. Notwithstanding Section 7550.5 of the Government Code, on or before January 1, 2009, the Department of the California Highway Patrol shall submit a report to the Legislature regarding the effect of the statutory changes made by the act that added this section on the safety of emergency responders and the motoring public.
SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.TicketBust.com covers most, if not all speeding tickets and traffic tickets. Our aim is to get you the right information and forms to get your case dismissed plus we process all the paperwork for you! Ticketbust.com has a dedicated team of legal experts who analyze your case and provide the best solution possible for you to save loads of money which would otherwise go towards paying the fine and/or paying an attorney.
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