California drivers are expected to switch lanes or slow down when passing an emergency vehicle with flashing lights. An amendment in 2026 extended this caution to any vehicle that is displaying warning lights or has road flares or cones out.
California Vehicle Code (CVC) explains when drivers should get over and what they should be watching for.
(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, a stationary marked highway maintenance vehicle that is displaying flashing amber warning lights, or any other stationary vehicle displaying flashing hazard lights or another warning device, including, but not limited to, cones, flares, or retroreflective devices, shall approach with due caution and, before passing in a lane immediately adjacent to the authorized emergency vehicle, tow truck, highway maintenance vehicle, or any other 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 that is displaying emergency lights, a stationary tow truck that is displaying flashing amber warning lights, a stationary marked highway maintenance vehicle that is displaying flashing amber warning lights, or any other stationary vehicle displaying flashing hazard lights or another warning device, including, but not limited to, cones, flares, or retroreflective devices, 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.
When Do I Need to Get Over?
CVC 21809, also known as the “move over” law, requires drivers to give plenty of space for emergency vehicles stopped on the road and displaying certain hazard signals and signs.
That means moving over a lane. When there is no lane available, motorists should slow down. A specific speed isn’t addressed, but it should be a speed “safe for conditions.” In other words, slow enough to be able to brake to avoid any potential collision with a pedestrian or vehicle.
This can be critical in emergencies involving weather-related hazards. Motorists should slow down to avoid sliding into other vehicles, especially emergency vehicles with crews trying to assist others.
CVC 21809 has recently been amended by AB 390 to extend the protections to other vehicles stopped along the road. One of the major changes is that any vehicle on the road or roadside that is displaying a warning device should be shown caution, not just emergency vehicles. This would include normal motorists in personal cars, trucks, SUVs, and on motorcycles.
These are the types of warnings that should prompt drivers to get over:
- Emergency Lights
- Flashing Amber Warning Lights
- Any Flashing Hazard lights
- Cones
- Road flares
- Retroreflective devices (including reflective collapsible triangles placed along the pavement)
The Types of Vehicles California Drivers Must Move Over For
With Assembly Bill 390 taking effect starting in 2026, drivers must move over for any vehicle stopped along the road displaying the hazard signs listed above.
But drivers will likely have to move over most for emergency vehicles and road crew vehicles.
The vehicles can include these and other official vehicles:
- Police, Sheriff, and California Highway Patrol vehicles
- Ambulances
- Fire Department Vehicles
- Tow trucks with flashing amber lights
- Highway Maintenance Vehicles, including Caltrans Vehicles
See: When to get over for approaching emergency vehicles.
The Punishment for Not Moving Over for Stopped Vehicles
CVC 21809 says the punishment for not getting over for a vehicle stopped near the road would be an infraction and a $50 fine. That fine isn’t the total, though. The fine comes with court fees that make the actual cost to violators several hundred dollars.
Of course, if a collision is involved, the consequences become much more serious. The at-fault driver can be held liable for the damages to a vehicle, the injuries to pedestrians, and other damages.
Striking a police officer or emergency worker accidentally could lead to reckless driving charges, especially if the requirement to move over was ignored. Violators can receive much bigger fines and even jail time.
Contact a California Car Accident Attorney
If you are seriously injured by a reckless driver, it’s a good idea to go over your case with a lawyer. It might be a driver’s mistake that causes an accident along a roadside shoulder where your car is stopped. A serious injury might include a neck or back injury, bone fractures, or a Traumatic Brain Injury.
You can schedule a free, no-obligation case consultation with a real California car accident lawyer.
And if you need our help, there are no upfront costs. We aren’t paid unless we win your case for you. Then the attorney’s fee comes out of the check the insurance company must write for your family.