Assembly Bill 2285 (AB 2285) amends CA Vehicle Code (CVC) Section 21809, Right-of-Way, one of the nine traffic codes that apply to a driver’s responsibility to yield the right-of-way in specific situations. In this case, it widens the need to “slow down, move over” for stationary emergency vehicles on the side of the road unless the vehicle is separated from the roadway, as in a parking lot.

For clarity, CVC 21809 states that the driver approaching an emergency vehicle with flashing lights will slow down, “shall approach with due caution.” When it is possible to do so safely, move over to a “…lane not immediately adjacent to the authorized emergency vehicle...” These emergency vehicles include tow trucks and Caltrans vehicles as well as police, fire, and ambulances.

The code says that a violation of CVC 21809 is an infraction with a “base” fine of $50 if convicted. Three things that are not apparent are:

1. The $50 base fine is accompanied by ten county and state surcharges, penalties, and fees.
2. A paid fine is the same as a conviction.
3. That conviction will significantly increase your auto insurance premium.

Those ten additional fees such as the 100 percent state penalty, a 70 percent county surcharge, a 50 percent DNA ID fund, a court construction fee, night court fee, an Emergency Medical Services surcharge, and others make the actual amount due to the county around five to seven times the “base” fine. Therefore, the $50 fine is actually $295.

The average CA wage-earner will consider that $295 steep for a minor infraction. However, that is only one-fourth of what the ticket will cost you if you cannot attend traffic violator school (TVS) to keep the conviction confidential.

When your insurance provider discovers the violation, they will drop your “good driver’s discount,” which is about 20 percent of your premium. The minor conviction will stay on your motor vehicle driving record (MVR) for three years.

What’s more, they will add the increased risk associated with your conviction. Luckily, for this offense it is only about 10 or 12 percent. So, whatever you were paying for insurance, add one-third for the next 36 months, which for the average CA driver, is about $392 per year, plus the $295. You will pay about $1,471 total.

Specific Wording in the Slow Down, Move Over Amendment

“This bill would expand the application of this provision from freeways to highways, it would expand the scope of an existing crime and would impose a state-mandated local program.”

Basically, AB 2285 would broaden the infraction’s scope to include local highways and roadways instead of only freeways to make it enforceable locally.

Also included in AB 2285 are the provisions to extend the 20% funding rule for the California Global Warming Solutions Act of 2006 through December 31, 2021.

Traffic Attorneys Who Can Assist with an Alleged Failure to Slow Down, Move Over

Bigger & Harman, APC, are Bakersfield traffic attorneys who can help when you are ticketed for failing to slow down or move over when approaching an emergency vehicle on the side of highway 46 or local roads within the Shafter area in Kern County.

Call Bigger & Harman, (661) 349-9300. Se habla Español (661) 349-9755.

As traffic attorneys we can help you favorably resolve traffic tickets throughout CA using a flat fee. Regardless of how many court appearances we must make on your behalf, the price will not change.

Email: attorney@biggerharmanlaw.com.

References:

The 2020 CA Driver Handbook.pdf

The LompocRecord.com article, New driving laws expand 'move over' rule, target distracted drivers