Failure to Yield to Emergency Vehicle
Not yielding to an approaching authorized emergency vehicle that is sounding a siren and showing a red light by driving to the right-hand edge or curb, clear of any intersection, and stopping until it has passed.
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Insurance: insurers must weigh your driving safety record first (Insurance Code 1861.02(a)), and more than one violation point counted under Vehicle Code 12810(a) to (d), (f), (i)(1) or (j) in the previous three years ends Good Driver Discount eligibility (Insurance Code 1861.025(b)(1)).
This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.
What is a Failure to Yield to Emergency Vehicle ticket?
CVC 21806 says that 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. Under 21806(a)(1), except as required under (a)(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 then stop and remain stopped until the authorized emergency vehicle has passed. Under (a)(2), a person driving in an exclusive or preferential use lane shall exit that lane immediately upon determining that the exit can be accomplished with reasonable safety.
Ask your insurer how a conviction affects your policy.
What the Law Says
(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.
What the Officer Must Prove
- 1An authorized emergency vehicle was immediately approaching, sounding a siren and showing at least one lighted lamp exhibiting red light visible from 1,000 feet to the front
- 2You did not yield the right-of-way, drive to the right-hand edge or curb clear of any intersection, and stop until it passed (or, in an exclusive or preferential use lane, exit that lane when it could be done with reasonable safety)
Arguments Commonly Raised for Failure to Yield to Emergency Vehicle
General information: arguments drivers commonly raise for this code section. Whether any applies depends on your own facts.
Siren and red light
CVC 21806 applies upon the immediate approach of an authorized emergency vehicle sounding a siren and showing at least one lighted lamp exhibiting red light visible from 1,000 feet to the front. Describe what you saw and heard.
Directed otherwise by a traffic officer
The section applies except as otherwise directed by a traffic officer. Describe any direction you were given.
Exclusive or preferential use lane
CVC 21806(a)(2) says a driver in an exclusive or preferential use lane shall exit that lane immediately upon determining that the exit can be accomplished with reasonable safety. Describe your lane and what you did.
⚠️ Common Mistakes
- ✗Leaving out what you saw and heard from the emergency vehicle
- ✗Not describing where you pulled over and when
What this code section covers (general information)
CVC 21806(a) — Failure to Yield to Emergency Vehicle. Not yielding to an approaching authorized emergency vehicle that is sounding a siren and showing a red light by driving to the right-hand edge or curb, clear of any intersection, and stopping until it has passed.
This is a fixed-rule section: it describes a specific act or limit. The question is whether the facts show that act: what happened, where, and how it was observed or measured.
Eligible for Trial by Written Declaration: generally yes.
This is general information about CVC 21806(a). It is not advice about your citation, and TicketClear does not evaluate anyone's facts. Whether any of it applies depends on your own facts. For advice about your situation, consult a licensed California attorney.
Frequently Asked Questions About Failure to Yield to Emergency Vehicle
What does CVC 21806 require when an emergency vehicle approaches?▼
Upon the immediate approach of an authorized emergency vehicle sounding a siren and showing a red light visible from 1,000 feet to the front, the driver shall yield the right-of-way, immediately drive to the right-hand edge or curb of the highway, clear of any intersection, and stop and remain stopped until it has passed, unless a traffic officer directs otherwise.
Traffic School Option
A conviction adds 1 DMV point. The court may let you complete traffic school. If it is the only ticket you have done traffic school for in 18 months, the record is kept confidential and no point is counted (Vehicle Code 1808.7(a)). Traffic school is not available for a violation in a commercial motor vehicle (Vehicle Code 42005(c)(1)). If you hold a commercial driver license, the record is not kept confidential (Vehicle Code 1808.7(b)). Check your notice or your court's website for your options.
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This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.
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