Assembly BillChaptered/SignedVehicle
AB 390: Vehicles: highway safety.
What AB 390 does, verified December 7, 2025
The bill aims to amend the vehicle code by expanding a requirement for drivers approaching stationary vehicles with flashing lights. Drivers must approach such vehicles with due caution and either change lanes to avoid the vehicle or slow to a reasonable speed. This requirement applies to marked highway maintenance vehicles, as well as any stationary vehicle displaying flashing hazard lights or other warning devices. Violations of this provision will remain an infraction, punishable by a fine of up to $50. No reimbursement is required by this act for certain costs.
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Last action: Chaptered by Secretary of State - Chapter 58, Statutes of 2025. (2025-07-03)Alert me
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| Jul. 28, 2025 | Chaptered by Secretary of State - Chapter 58, Statutes of 2025. |
| Jul. 28, 2025 | Approved by the Governor. |
| Jul. 15, 2025 | Enrolled and presented to the Governor at 3:30 p.m. |
| Jul. 10, 2025 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 0. Page 2503.). |
| Jul. 10, 2025 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 0.). |
Latest bill textChaptered version, July 28, 2025 · 750 words
Assembly Bill No. 390
CHAPTER 58
An act to amend Section 21809 of the Vehicle Code, relating to vehicles.
[ Approved by Governor July 28, 2025. Filed with Secretary of State July 28, 2025. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 390, Wilson. Vehicles: highway safety.
Existing law requires a driver approaching, among others, a stationary marked Caltrans vehicle that is displaying flashing lights to approach with due caution and either change lanes to a lane not immediately adjacent to the vehicle, or, if unable to safely do so, slow to a reasonable and prudent speed, as specified. Existing law makes a violation of that provision an infraction, punishable by a fine of not more than $50.
This bill would expand that requirement to apply to all marked highway maintenance vehicles, as defined, and would also make that requirement applicable to any other stationary vehicle displaying flashing hazard lights or another warning device, including, but not limited to, cones, flares, or retroreflective devices. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1.
Section 21809 of the Vehicle Code is amended to read:21809.
(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.
(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, the 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, is not adjacent to the highway or is separated from the highway by a protective physical barrier.
(d) For the purposes of this section, “highway maintenance vehicle” means a vehicle used for the maintenance of highways and roadways in this state and is either of the following:
(1) Owned or operated by the Department of Transportation, a county, or a municipality or other political subdivision of this state.
(2) Owned or operated by a contractor under contract with the Department of Transportation, a county, a municipality, or other political subdivision of this state to maintain highways, roadways, or both.
SEC. 2.
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.Text of AB 390 as chaptered, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions