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It’s the law: Move over or slow down when approaching flashing lights on the freeway

Flashing lights from highway construction work requires motorists to slow down and move over, says CHP Officer Robert Montano.
Flashing lights from highway construction work requires motorists to slow down and move over, says CHP Officer Robert Montano. Fresno Bee file

Whether you’re driving to work, running an errand or taking a road trip, chances are you’ve seen them: the flashing lights on the side of the road. They can be an emergency vehicle, a tow-truck operator or a Caltrans construction crew. Whatever it may be, we all instinctively turn our heads to look at what’s going on, and those few seconds of inattention is all it takes to ruin the lives of many.

Like CHP officers, tow-truck operators and Caltrans employees often experience similar dangers each time they go to work. As an officer who has been assigned to the graveyard shift on our California roads, I have required the assistance of these men and woman countless times while at the scene of a traffic collision in the middle of the night. Although these men and woman are not considered first responders, they are all sons or daughters, fathers, and mothers – somebody’s loved one. It is our responsibility to take care of those who work hard to keep us safe.

California Highway Patrol officer Robert Montano
California Highway Patrol officer Robert Montano JOHN WALKER Fresno Bee file

In January 2007, California implemented the “Move Over or Slow Down” law. Vehicle Code Section 21809 requires motorists to move over or slow down when they see a stationary, authorized vehicle displaying emergency or amber lights. The law includes Caltrans vehicles displaying flashing amber warning lights. Enacted in all 50 states, this law is specific and only applies when the mentioned vehicles are on the freeways; it does not include city or county streets.

Motorists are required to move over to a lane not immediately adjacent to a stationary vehicle displaying either flashing amber or emergency lights. If unable to change lanes, a motorist must slow down to a reasonable speed that is safe for the current weather, road and traffic conditions. When a motorist is found to be in violation, is issued a citation and subsequently found guilty of this infraction, it will result in a fine and one point assessed to their driving record for 36 months.

So here is what to do next time you are approaching maintenance or emergency vehicle stopped on the side of the freeway: Begin to slow down! This doesn’t mean slam on your brakes and come to screeching a halt, just simply reduce speed and begin the process of making a lane change. I personally follow the S.M.O.G rule prior to changing lanes. S.M.O.G is an acronym which if followed, will greatly reduce your chances of being involved in a traffic collision when changing lanes. First, you activate your vehicles turn signal to let traffic know you’ll be changing lanes. Second, take a glance in the mirror of the direction you’ll be driving towards to confirm it’s clear of any approaching vehicles. Third, look over your shoulder to confirm there isn’t a vehicle in your blind spot. Lastly, when you have completed these steps and you deem it safe, then you may go and complete your lane change.

When traveling on the freeway please be aware of the Move Over or Slow Down law. The law was enacted to prevent tragedies from occurring on the side of the road and to give emergency personnel, highway workers, and tow truck operators enough room to perform their duties safely.

Officer Robert Montano can be reached at rmotano@chp.ca.gov. For more from the CHP Central Division, go to the division’s Facebook page.

This story was originally published December 8, 2017 at 4:05 PM with the headline "It’s the law: Move over or slow down when approaching flashing lights on the freeway."

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