Expanded move-over practice

On a California freeway, you see a stopped family car on the shoulder with its hazard lights flashing. Does the expanded move-over rule cover this situation?

• Yes. The expansion includes stationary vehicles with flashing hazard lights, including a stranded motorist's car. (correct): Correct. A stranded driver's car displaying flashing hazard lights is within the expanded coverage described by CHP and DMV.
• No. It applies only to police, fire, tow, or road-maintenance vehicles.: Incorrect. The expansion reaches beyond listed response and maintenance vehicles to other stationary vehicles using warning lights or devices.
• No. A private car is covered only if an officer is present.: Incorrect. The cited guidance does not make a private vehicle's coverage depend on an officer being present.

The California expansion includes stationary vehicles displaying flashing hazard lights or another warning device. CHP specifically describes stationary vehicles using hazard lights and includes stranded motorists in its move-over guidance.

Source: New Year, New Laws – CHP Highlights Public Safety Laws Taking Effect in 2026 — AB 390 summary, lines 70–72.

Source: DMV Highlights New Laws in 2026 — AB 390 summary, lines 41–42.

Source: Move Over Law — FAQs, lines 10–23.

On a California freeway, a stationary tow truck with amber warning lights is stopped beside your lane. No officer is directing traffic, and no protective barrier separates the truck from your lane. Traffic is light, and you can safely move into an open lane with one lane between you and the truck. What should you do before passing?

• Signal and move into the open non-adjacent lane with care, then pass. (correct): Correct. The scenario gives you an open lane and a safe opportunity to create space before passing.
• Stay in your lane and keep your current speed because the tow truck is on the shoulder.: Incorrect. The shoulder location does not remove the move-over response when the vehicle is covered and a safe lane change is available.
• Stop in your lane until the tow truck leaves.: Incorrect. Stopping in a travel lane is not the move-over instruction; use the safe available lane.

When a safe lane change is possible, California guidance calls for moving into an available lane that is not immediately next to the stationary vehicle, while accounting for traffic and safety.

Source: New Year, New Laws – CHP Highlights Public Safety Laws Taking Effect in 2026 — AB 390 summary, lines 70–72.

Source: Move Over Law — FAQs, lines 26–29.

On a California freeway, you approach a stopped car with flashing hazard lights. No officer is directing traffic, and no protective barrier separates the car from your lane. The next lane is packed, and moving into it would force another driver to brake sharply. What is the safest move-over response described in California guidance?

• Keep your speed and pass closely because the lane is crowded.: Incorrect. Passing at unchanged speed ignores the safe-speed alternative when a safe lane change is unavailable.
• Stay in your lane, reduce speed to one that is safe for the conditions, and pass cautiously. (correct): Correct. Because the lane change would create danger, reduce speed to a safe level and pass cautiously.
• Change lanes anyway; making space is required even when the move would be unsafe.: Incorrect. The lane change is not unconditional; safety and traffic conditions govern whether it is practicable.

The lane change is conditioned on safety and traffic conditions. If moving over is unsafe or cannot be done, the guidance is to slow to a safe speed for the conditions. The two actions are alternatives based on whether the lane change can be made safely.

Source: New Year, New Laws – CHP Highlights Public Safety Laws Taking Effect in 2026 — AB 390 summary, lines 70–72.

Source: Move Over Law — FAQs, lines 26–29.

A car is stopped on a freeway shoulder after a breakdown. Its hazard lamps are off, but the driver has placed warning cones behind it. Which conclusion matches California's expanded coverage?

• The warning cones can bring the stationary car within the covered warning-device situations. (correct): Correct. The expanded coverage includes stationary-vehicle situations marked by another warning device, with cones identified in California's official guidance.
• The rule cannot apply unless the car's hazard lamps are flashing.: Incorrect. Flashing hazard lamps are one way a vehicle may be marked; the expanded rule also recognizes other warning devices.
• The rule applies only if a highway worker placed the warning cones.: Incorrect. The guidance is not limited to devices placed by highway workers.

California's official summaries include warning devices such as cones and road flares. The scenario tests the warning-device route separately from flashing hazard lamps.

Source: New Year, New Laws – CHP Highlights Public Safety Laws Taking Effect in 2026 — AB 390 summary, lines 70–72; warning-device examples include cones and road flares.

Source: Move Over Law — FAQs, lines 14–23; warning devices include cones or flares; lines 10–11 describe stranded motorists.