(a) The driver of a vehicle on a public street or highway approaching and overtaking a stopped waste service vehicle shall make a lane change into an available lane adjacent to the waste service vehicle and shall pass at a safe distance without interfering with the safe operation of the waste service vehicle, with due regard for safety and traffic conditions, if practicable and not prohibited by law.

(b) If the maneuver described in subdivision (a) would be unsafe or impractical, a driver approaching and overtaking a stopped waste service vehicle shall slow to a reasonable and prudent speed that is safe for existing weather, road, and vehicular or pedestrian traffic conditions.

Terms Used In California Vehicle Code 21761

  • driver: is a person who drives or is in actual physical control of a vehicle. See California Vehicle Code 305
  • Highway: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 360
  • Pedestrian: includes a person who is operating a self-propelled wheelchair, motorized tricycle, or motorized quadricycle and, by reason of physical disability, is otherwise unable to move about as a pedestrian, as specified in subdivision (a). See California Vehicle Code 467
  • Road: means any existing vehicle route established before January 1, 1979, with significant evidence of prior regular travel by vehicles subject to registration pursuant to Article 1 (commencing with Section 4000) of Chapter 1 of Division 3. See California Vehicle Code 527
  • Street: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 590
  • traffic: includes pedestrians, ridden animals, vehicles, street cars, and other conveyances, either singly or together, while using any highway for purposes of travel. See California Vehicle Code 620
  • vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Vehicle Code 670

(c) For purposes of this section, “waste service vehicle” means a refuse collection vehicle, including a vehicle collecting recyclables or yard waste that is used for curbside collection, and sewer and catch basin maintenance vehicles.

(d) The requirements in subdivisions (a) and (b) apply when both of the following circumstances exist:

(1) The waste service vehicle is readily identifiable as a waste service vehicle based on the vehicle configuration or markings on the vehicle.

(2) The waste service vehicle displays flashing amber lights.

(e) Subdivisions (a) and (b) do not apply to a waste service vehicle that is located on a private driveway or highway, when the waste service vehicle is not adjacent to the street or highway, or is separated from the street or highway by a protective physical barrier.

(f) This section shall be operative on and after January 1, 2020.

(Added by Stats. 2018, Ch. 710, Sec. 1. (AB 2115) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)

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