Quick answer: California’s Move Over law, Vehicle Code 21809, says that when you approach a stationary tow truck displaying flashing amber warning lights, a stationary emergency vehicle displaying emergency lights, a stationary marked highway maintenance vehicle with flashing amber lights, or any other stationary vehicle displaying hazard lights or warning devices such as cones, flares or reflectors, you must approach with due caution and, before passing in the lane right next to it, either change lanes away from it if it is safe and practical, or slow to a reasonable and prudent speed if a lane change is unsafe or impractical. A violation is an infraction with a fine of not more than $50, plus whatever court fees apply. The part about any vehicle with hazard lights was added by AB 390 and took effect January 1, 2026.
For anyone who drives Los Angeles freeways, this law matters twice: once when you pass a tow truck working on the shoulder, and again when you are the one stranded with your hazards on. This guide from the TowCars team explains what the law requires, what changed in 2026, and how to use it to stay safe. It is general information, not legal advice.
What the law requires, in plain English
When you are driving on a highway (which in the Vehicle Code includes public roads in general) and you approach one of the covered stationary vehicles, CVC 21809(a) requires you to:
- Approach with due caution. Pay attention, ease off the gas, and be ready to react.
- Move over if you can. Change into a lane that is not immediately next to the stopped vehicle, “with due regard for safety and traffic conditions, if practicable and not prohibited by law.”
- Slow down if you cannot move over. If changing lanes would be unsafe or impractical, slow to “a reasonable and prudent speed that is safe for existing weather, road, and vehicular or pedestrian traffic conditions.”
A peace officer’s directions override these steps. If an officer is directing traffic, follow the officer.
Which vehicles are covered
As amended effective January 1, 2026, the law covers:
- stationary authorized emergency vehicles displaying emergency lights, such as police cars, fire engines and ambulances,
- stationary tow trucks displaying flashing amber warning lights,
- stationary marked highway maintenance vehicles displaying flashing amber lights, including those owned by Caltrans, counties, cities, or their contractors, and
- any other stationary vehicle displaying flashing hazard lights or another warning device, including cones, flares, or retroreflective devices.
The last category is the big 2026 change. Before, the protection focused on official and service vehicles. Now an ordinary driver stopped on the shoulder with hazards on, or with flares or a reflective triangle set out, is covered too.
When the law does not apply
Subdivision (c) says the requirements do not apply if the stationary vehicle is not adjacent to the highway or is separated from it by a protective physical barrier. For example, a tow truck working behind a concrete barrier on the other side of a wall is not covered. Common sense still applies: slow down if there are people nearby.
Why it matters for tow operators
Roadside work is among the most dangerous parts of a tow operator’s job. A tow truck on the shoulder means a person is likely working a few feet from moving traffic, often bent over or underneath a car and unable to watch the lanes. The same is true for Caltrans crews and for the drivers of the free Metro Freeway Service Patrol trucks that clear disabled cars from LA County freeways. Moving over gives these workers a full lane of buffer.
When you hire a tow, you are also relying on this law. The operator who arrives to help you is protected by it while they work, and so are you while you wait.
How to use the law to protect yourself in a breakdown
Because the 2026 amendment covers any stationary vehicle with hazards or warning devices, the steps you take after a breakdown now also trigger a legal duty for other drivers. Here is what makes sense on a busy LA freeway:
- Turn on your hazard lights immediately. That is the simplest way to signal that your vehicle is stationary.
- Get as far right as you safely can. If you can reach an exit or a wide shoulder, do it, even if it means driving slowly on a flat tire. A damaged rim is cheaper than a crash.
- Use warning devices only when it is safe. Flares, triangles and cones are now specifically named in the law. But walking behind your car on a freeway shoulder is dangerous. If traffic is fast and close, do not get out to place them.
- Stay buckled in if you cannot get away from traffic. If you cannot get safely off the road and away from the car, staying inside with your seatbelt on is generally safer than standing beside it.
- Call for help. In an emergency, call 911. For non-emergency freeway help in LA County during service hours, LA Metro says to dial 511 and say “Motorist Aid” to reach the free Freeway Service Patrol.
Our Los Angeles towing guide covers freeway breakdowns in more depth, and our guide to the Metro Freeway Service Patrol explains what that free program can do.
The penalty
CVC 21809(b) makes a violation an infraction punishable by a fine of not more than $50. As with most California traffic infractions, the total amount owed on a ticket is usually higher than the base fine because of added assessments and fees set by law. Courts publish the actual amounts. The real cost of not moving over, though, is the risk of hitting someone.
Moving over safely
The law does not ask you to make a dangerous move. It says to change lanes “with due regard for safety and traffic conditions” and only if it is “practicable and not prohibited by law.” Some practical tips:
- Look further ahead. Flashing amber or red lights on the shoulder are visible from a distance. Start planning your lane change early.
- Signal and check your mirrors and blind spot before moving left.
- Do not brake hard in a fast lane. If you cannot move over, reduce speed gradually.
- Do not cross solid double lines or move into a lane you are not allowed to use, such as an ExpressLane you are not authorized to enter, just to move over. Slow down instead.
- Put the phone down. Distraction is a major reason drivers drift toward the shoulder.
What if you are the one being towed?
Once a tow truck arrives, the operator will usually take charge of positioning and lights. Follow their instructions about where to stand. A few points that help:
- Stay out of the space between your car and the tow truck.
- Keep children and pets inside the car or well away from traffic as directed.
- Confirm the price and destination before the car is hooked up. Our guide to choosing a tow company explains what to ask.
- Ask whether your car needs a flatbed. See our guide to towing a car without damage and our towing methods guide.
Common questions
Does the Move Over law apply on city streets?
The law uses the word “highway,” which in the California Vehicle Code broadly means any publicly maintained way open to vehicle travel, so it is not limited to freeways. On a two-lane street there may be no lane to move into, in which case you must slow down.
Do I have to move over for a car that just has its hazards on?
Since January 1, 2026, yes, if it is stationary and displaying hazard lights or another warning device, and it is adjacent to the road without a protective barrier.
Is it legal to stop on the shoulder to help someone?
Stopping on a freeway shoulder is generally only for emergencies. It is usually safer to call for help than to stop. If you see someone stranded, you can report it by calling 911 if there is danger.
Key takeaways
- CVC 21809 requires you to move over, or slow down if you cannot, for stationary tow trucks, emergency and maintenance vehicles, and, since 2026, any stopped vehicle with hazards or warning devices.
- The fine is up to $50 plus legally required fees, but the main point is protecting people on the shoulder.
- If you break down, turn on your hazards and get as far right as you safely can, so the law works in your favor.
Prepared by the TowCars team from the official text of California Vehicle Code 21809 on leginfo.legislature.ca.gov, as amended by Stats. 2025, Ch. 58 (AB 390), effective January 1, 2026. This is general information, not legal advice.
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