On Friday, California Governor Arnold Schwarzenegger (R) vetoed a number of measures affecting motorists including "Move Over" legislation that several other states have recently enacted. The legislation, SB 800, would have made it an offense not to change lanes or slow down when approaching police officers or tow trucks on the side of a freeway.

"This bill is unnecessary and could result in the unintended consequences of additional roadway hazards," Schwarzenegger said in his veto message. "Specifically, the California Highway Patrol is concerned that this bill's mandate could create chaotic and dangerous situations at crime and collision scenes on the state's freeways."

The governor also vetoed a number of congestion fees that would have increased costs for drivers as well as a bill that would have increased traffic penalties. SB 57 would have allowed local jurisdictions to increase fines by twenty percent, directing the proceeds to pediatric trauma care facilities. Schwarzenegger pointed out that fees and fines have already increased substantially and that his budget provides $10 million in new funding for trauma centers. In September, the governor vetoed a bill that would have doubled the cost of a speeding ticket.

On the other hand, Schwarzenegger vetoed two measures that would have added minor restrictions to police seizure and impoundment of vehicles.

Article Excerpt:

To the Members of the California State Senate:

I am returning Senate Bill 800 without my signature.

This bill is unnecessary and could result in the unintended consequences of additional roadway hazards. It requires motorists driving on a freeway to slow down or move over one lane of traffic upon the approach of stopped emergency vehicles or tow trucks.

Current law already requires motorists to slow to a speed that is safe for driving conditions. Furthermore, law enforcement experts caution that the requirement to shift lanes could cause additional emergency conditions for the driver changing lanes as well as other motorists on the road. Specifically, the California Highway Patrol is concerned that this bill's mandate could create chaotic and dangerous situations at crime and collision scenes on the state's freeways.

For these reasons I cannot support this measure.
Sincerely,
Arnold Schwarzenegger


BILL NUMBER: SB 800 ENROLLED
PASSED THE SENATE SEPTEMBER 8, 2005
PASSED THE ASSEMBLY SEPTEMBER 6, 2005
AMENDED IN ASSEMBLY SEPTEMBER 2, 2005
AMENDED IN SENATE MARCH 29, 2005

INTRODUCED BY Senator Simitian

FEBRUARY 22, 2005

An act to amend, repeal, and add Section 25253 of, and to add and repeal Section 21089 of, the Vehicle Code, relating to vehicles.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 21809 is added to the Vehicle Code, to read:
21809. (a) A person driving a vehicle on a freeway approaching a stationary authorized emergency
vehicle that is displaying emergency lights, or a stationary tow truck that is displaying flashing amber warning lights, shall approach with due caution and, before passing in a lane adjacent to the authorized emergency vehicle or tow truck, absent any other direction by a peace officer, proceed to do one of the following:

(1) Make a lane change in an available lane not adjacent to the authorized emergency vehicle or tow truck 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 this section is an infraction, punishable by a fine of not more than fifty dollars ($50).

(c) This section shall remain in effect only until January 1, 2009, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2009, deletes or extends that date.

SEC. 2. Section 25253 of the Vehicle Code is amended to read:
25253. (a) Tow trucks used to tow disabled vehicles shall be equipped with flashing amber warning lamps. This subdivision does not apply to a tractor-trailer combination.

(b) Tow trucks may display flashing amber warning lamps while providing service to a disabled vehicle. A flashing amber warning lamp upon a tow truck may be displayed to the rear when the tow truck is towing a vehicle and moving at a speed slower than the normal flow of traffic.
(c) A tow truck shall not display flashing amber warning lamps on a freeway except when an unusual traffic hazard or extreme hazard exists.
(d) This section shall remain in effect only until January 1, 2009, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2009, deletes or extends that date.

SEC. 3. Section 25353 is added to the Vehicle Code, to read:
25353. (a) Tow trucks used to tow disabled vehicles shall be equipped with flashing amber warning lamps. This subdivision does not apply to a tractor-trailer combination.

(b) Tow trucks may display flashing amber warning lamps while providing service to a disabled vehicle. A flashing amber warning lamp upon a tow truck may be displayed to the rear when the tow truck is towing a vehicle and moving at a speed slower than the normal flow of traffic.

(c) This section shall become operative January 1, 2010.

SEC. 4. On or before January 1, 2008, the Department of the California Highway Patrol shall submit a report to the Legislature regarding the effect of the changes made by this act on the safety of
emergency responders and the motoring public.

SEC. 5. 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.