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  • oldsmoboat
    Senior Member
    • Jul 2009
    • 1303

    22454 and 21806

    22454 says that on a divided highway, a vehicle doesn't have to stop for a school bus coming the opposite direction.

    21806 makes no such distinction. So I assume a vehicle is supposed to pull to the right and stop even if they are on the opposite side of a divided highway? Doesn't seem right but I don't see an exemption.

    TIA

    21806. Upon the immediate approach of an authorized emergency vehicle which is sounding a siren and which has at least one lighted lamp exhibiting red light that is visible, under normal atmospheric conditions, from a distance of 1,000 feet to the front of the vehicle, the surrounding traffic shall, except as otherwise directed by a traffic officer, do the following:
    (a) (1) Except as required under paragraph (2), the driver of every other vehicle shall yield the right-of-way and shall immediately drive to the right-hand edge or curb of the highway, clear of any intersection, and thereupon shall stop and remain stopped until the authorized emergency vehicle has passed.
    (2) A person driving a vehicle in an exclusive or preferential use lane shall exit that lane immediately upon determining that the exit can be accomplished with reasonable safety.
    (b) The operator of every street car shall immediately stop the street car, clear of any intersection, and remain stopped until the authorized emergency vehicle has passed.
    (c) All pedestrians upon the highway shall proceed to the nearest curb or place of safety and remain there until the authorized emergency vehicle has passed.
    Last edited by oldsmoboat; 04-30-2012, 8:01 PM.
    Do good recklessly
  • #2
    PineStreet231
    Junior Member
    • Apr 2012
    • 39

    Have you ever seen a school bus drive on the wrong side of the road trying to get a kid home as fast as possible?

    Comment

    • #3
      oldsmoboat
      Senior Member
      • Jul 2009
      • 1303

      Originally posted by PineStreet231
      Have you ever seen a school bus drive on the wrong side of the road trying to get a kid home as fast as possible?
      I am curious. Since you didn't have anything useful to contribute, why bother? I highlighted the question in case that makes it easier to read.
      Do good recklessly

      Comment

      • #4
        yzErnie
        CGN/CGSSA Contributor - Lifetime
        CGN Contributor - Lifetime
        • Mar 2007
        • 6309

        Yes, pulling to the right and yielding is the proper course of action. So many of the center medians these days have cross overs for emergency vehicles that it makes VC21806a appropriate on either side of the divider.

        I'll even go further, one evening recently one of the deputies got into a brawl with some crackhead and yelled for a Code 3 back. Traffic at an intersection was backed up and I drove up and over the curb of the divider to get around traffic. I see fire trucks driving in the wrong lanes all of the time as well.
        The satisfaction of a job well done is to be the one who has done it

        Originally posted by RazoE
        I don't feel a thing when some cop gets ghosted.

        Comment

        • #5
          oldsmoboat
          Senior Member
          • Jul 2009
          • 1303

          Originally posted by yzernie
          Yes, pulling to the right and yielding is the proper course of action. So many of the center medians these days have cross overs for emergency vehicles that it makes VC21806a appropriate on either side of the divider.

          I'll even go further, one evening recently one of the deputies got into a brawl with some crackhead and yelled for a Code 3 back. Traffic at an intersection was backed up and I drove up and over the curb of the divider to get around traffic. I see fire trucks driving in the wrong lanes all of the time as well.
          Thanks. I don't see a distinction of a divided highway (except for 22454). So I assume a center median and a jersey wall/k rail fall into the same definition?
          Do good recklessly

          Comment

          • #6
            yzErnie
            CGN/CGSSA Contributor - Lifetime
            CGN Contributor - Lifetime
            • Mar 2007
            • 6309

            I would think the Jersey Wall would preclude an emergency vehicle from crossing over and into the opposing lanes!! The CVC however, does not indicate as such. I guess if traffic was backed up far enough an emergency vehicle could still enter the opposing lanes at an intersection so in that respect I would say VC21806a would still apply.
            The satisfaction of a job well done is to be the one who has done it

            Originally posted by RazoE
            I don't feel a thing when some cop gets ghosted.

            Comment

            • #7
              Ron-Solo
              In Memoriam
              • Jan 2009
              • 8581

              In some gridlocked areas, I've had to drive almost a mile in opposing lanes to get thru the traffic.
              LASD Retired
              1978-2011

              NRA Life Member
              CRPA Life Member
              NRA Rifle Instructor
              NRA Shotgun Instructor
              NRA Range Safety Officer
              DOJ Certified Instructor

              Comment

              • #8
                FLIGHT762
                Veteran Member
                • Mar 2009
                • 3071

                Yes, opposing traffic is supposed to pull to the right and stop, as long as there isn't some kind of solid divider. I've nearly T/A'ed a couple of times when opposing traffic doesn't stop and I was making a left turn with lights/siren.

                Unfortunately, I couldn't cite them.

                I do though remember citing a vehicle that was following an ambulance going code 3 and being literally two car lengths behind them, following for quite some distance.

                Comment

                • #9
                  oldsmoboat
                  Senior Member
                  • Jul 2009
                  • 1303

                  Originally posted by FLIGHT762
                  Yes, opposing traffic is supposed to pull to the right and stop, as long as there isn't some kind of solid divider. I've nearly T/A'ed a couple of times when opposing traffic doesn't stop and I was making a left turn with lights/siren.

                  Unfortunately, I couldn't cite them.

                  I do though remember citing a vehicle that was following an ambulance going code 3 and being literally two car lengths behind them, following for quite some distance.
                  Do you know it the bold statement is codified?

                  Thanks for the help, all. I tech defensive drivers training to state employees and you wouldn't believe some of the questions I get. Not being LEO, I don't want to speak out of term to them. But I try to answer every question that comes up. Always before class ends and I had some non believers that there was no exception (as I read it) for divided roads.
                  When I taught Haz Mat, we always had CHP with us and they could fielded traffic questions.

                  Thanks again.
                  Do good recklessly

                  Comment

                  • #10
                    yzErnie
                    CGN/CGSSA Contributor - Lifetime
                    CGN Contributor - Lifetime
                    • Mar 2007
                    • 6309

                    I don't believe it is codified. I know if there was an emergency vehicle traveling in the opposite direction and there was something like a Jersey Wall (not just a curb or raised center median) between the lanes with no chance of the emergency vehicle being able to cross into opposing traffic lanes I would not cite for that. I would however, lay a fatty on anyone who does not properly yield at an intersection or traveling on an undivided roadway.

                    The example I always use is to ask the party I stopped is this....If that police car/fire truck/ambulance was on their way to your house because your mom/dad/husband/sibling/child was in need of an immediate emergency response, would you want the people on the road to pull over as required so they could get there quickly? The answer I get 100% of the time is some form of yes, mostly a "hell yes". That is usualy followed by an apology!!
                    The satisfaction of a job well done is to be the one who has done it

                    Originally posted by RazoE
                    I don't feel a thing when some cop gets ghosted.

                    Comment

                    • #11
                      FLIGHT762
                      Veteran Member
                      • Mar 2009
                      • 3071

                      It's clear to me that all surrounding traffic is to pull to the right and stop. It is codified right here in 21806:


                      21806. Upon the immediate approach of an authorized emergency vehicle which is sounding a siren and which has at least one lighted lamp exhibiting red light that is visible, under normal atmospheric conditions, from a distance of 1,000 feet to the front of the vehicle, the surrounding traffic shall, except as otherwise directed by a traffic officer, do the following:
                      (a) (1) Except as required under paragraph (2), the driver of every other vehicle shall yield the right-of-way and shall immediately drive to the right-hand edge or curb of the highway, clear of any intersection, and thereupon shall stop and remain stopped until the authorized emergency vehicle has passed.
                      (2) A person driving a vehicle in an exclusive or preferential use lane shall exit that lane immediately upon determining that the exit can be accomplished with reasonable safety.
                      (b) The operator of every street car shall immediately stop the street car, clear of any intersection, and remain stopped until the authorized emergency vehicle has passed.
                      (c) All pedestrians upon the highway shall proceed to the nearest curb or place of safety and remain there until the authorized emergency vehicle has passed.

                      The words "All surrounding traffic" and "The Driver of every other vehicle" makes it clear to me.

                      Comment

                      • #12
                        oldsmoboat
                        Senior Member
                        • Jul 2009
                        • 1303

                        Originally posted by FLIGHT762
                        It's clear to me that all surrounding traffic is to pull to the right and stop. It is codified right here in 21806:


                        21806. Upon the immediate approach of an authorized emergency vehicle which is sounding a siren and which has at least one lighted lamp exhibiting red light that is visible, under normal atmospheric conditions, from a distance of 1,000 feet to the front of the vehicle, the surrounding traffic shall, except as otherwise directed by a traffic officer, do the following:
                        (a) (1) Except as required under paragraph (2), the driver of every other vehicle shall yield the right-of-way and shall immediately drive to the right-hand edge or curb of the highway, clear of any intersection, and thereupon shall stop and remain stopped until the authorized emergency vehicle has passed.
                        (2) A person driving a vehicle in an exclusive or preferential use lane shall exit that lane immediately upon determining that the exit can be accomplished with reasonable safety.
                        (b) The operator of every street car shall immediately stop the street car, clear of any intersection, and remain stopped until the authorized emergency vehicle has passed.
                        (c) All pedestrians upon the highway shall proceed to the nearest curb or place of safety and remain there until the authorized emergency vehicle has passed.

                        The words "All surrounding traffic" and "The Driver of every other vehicle" makes it clear to me.
                        Sorry. You mentioned: "Yes, opposing traffic is supposed to pull to the right and stop, as long as there isn't some kind of solid divider."

                        I was looking for the bolded part in the vehicle code.
                        Do good recklessly

                        Comment

                        • #13
                          BigDogatPlay
                          Calguns Addict
                          • Jun 2007
                          • 7362

                          In a practical application if the highway is fully divided with an unbroken structured island, jersey wall or guard rail and there is no safe / legal way at road level for the kids to get across to the oncoming side after getting off a school bus, then the exception to 22454 applies and traffic on the opposite side does not have to stop for the school bus going the other way. My $0.02.

                          As to 21806, OP asked and answered his own question... there is no such distinction called out. But again I think in a practical application on a fully divided highway (and not at an intersection) pinching someone for failing to yield to an AEV on the opposite side would be a stretch. I wouldn't expect drivers on the southbound side of a jersey walled freeway without intersection to yield if I am rolling code on the northbound side. But on a surface street boulevard with a planted island down the middle and the occasional intersection, I'd be expecting drivers on both sides to yield.

                          If the AEV has to use the oncoming lanes to negotiate traffic, then of course everyone needs to yield.
                          Last edited by BigDogatPlay; 05-01-2012, 7:05 PM.
                          -- Rifle, Pistol, Shotgun

                          Not a lawyer, just a former LEO proud to have served.

                          Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James Madison

                          Comment

                          • #14
                            FLIGHT762
                            Veteran Member
                            • Mar 2009
                            • 3071

                            Originally posted by oldsmoboat
                            Sorry. You mentioned: "Yes, opposing traffic is supposed to pull to the right and stop, as long as there isn't some kind of solid divider."

                            I was looking for the bolded part in the vehicle code.
                            I see what are asking. You're right, 21806 does not specifically exempt for divided highways, I guess I took the practical application being if there is a solid barrier between the AEV and oncoming traffic there is no violation, I wouldn't write a citation for it because the vehicle did not fail to "yield the right of way".

                            For a citation of this section, I would have to articulate that the offending driver failed to yield the right of way, causing the operator of the AEV to take some kind of evasive or corrective action of some type (swerving, braking, slowing) and was not yielded to.

                            Does this make sense?

                            Comment

                            • #15
                              Ron-Solo
                              In Memoriam
                              • Jan 2009
                              • 8581

                              Oh God, lets don't throw common sense and the spirit of the law into this equation, too many people will think we're rolling code to take their guns away....
                              LASD Retired
                              1978-2011

                              NRA Life Member
                              CRPA Life Member
                              NRA Rifle Instructor
                              NRA Shotgun Instructor
                              NRA Range Safety Officer
                              DOJ Certified Instructor

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