Section 21809 - Driver on freeway approaching stationary emergency vehicle, tow truck, or marked Department of Transportation vehicle(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, or a stationary marked Department of Transportation vehicle 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, tow truck, or Department of Transportation 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, tow truck, or Department of Transportation vehicle, 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, or the stationary marked Department of Transportation vehicle that is displaying flashing amber warning lights is not adjacent to the highway or is separated from the highway by a protective physical barrier.Amended by Stats 2020 ch 100 (AB 2285),s 3, eff. 1/1/2021.Amended by Stats 2009 ch 175 (SB 240),s 1, eff. 1/1/2010.Amended by Stats 2009 ch 33 (SB 159),s 1, eff. 1/1/2010.Added by Stats 2006 ch 375 (SB 1610),s 2, eff. 1/1/2007.