Section 21761.

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(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.

(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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