move-over law

[adventurer]

GOOD THING TO KNOW:

 

 

 

 

 

New Law: If a patrol car is pulled over to the side of the road, you have to change to the next lane (away from the stopped vehicle) or slow down by 20 mph. Every state except Hawaii and Maryland and the D.C. has this law.

 

In California , the "Move-over" law became operative on January 1, 2010. http://www.moveoveramerica.com/

 

 

 

A friend's son got a ticket for this recently. A police car (turned out it was 2 police cars) was on the side of the road giving a ticket to someone else. He slowed down to pass but did not move into the other lane. The second police car immediately pulled him over and gave him a ticket. He had never heard of the law.

 

 

 

It is a fairly new law that states if any emergency vehicle is on the side of the road, if you are able, you are to move into the far lane. The cost of the ticket was $754, with 3 points on your license and a mandatory court appearance.

 

 

 

Please let everyone you know that drives about this new law. It is true (see details at the following web address). http://www.snopes.com/politics/traffic/moveover.asp

 

 

 

 

 

 

 

 

[BEER30]

Idiots in my area have a hard time doing this . It urks me to see them do it . But then again , the majority of slowwwwwwww traffic constantly drive in the inside lane anyways .

 

BEER30

[Kregerdoodle]

they have had that in Texas for awhile...not sure of the fine, but don`t want to find out...

[frogmaster]

Michigan awhile too.

[spotsy]

A buddy of mine had his son get a ticket like this on a two lane road. It was thrown out by the judge because this law only pertains to a 4 lane road or larger road in Va. One of the county officers was trying to drum up some extras revenue I guess.

 

Spotsy

[MidlifeVenture]

If he slowed why did he get a ticket its move over or slow?

[flb_78]

If he slowed why did he get a ticket its move over or slow?

 

Even if he did slow down, how do they know if he slowed done by 20mph? What if he only slowed down 19mph? Do they get a before and after radar reading?

 

BTW, I do move over. I move over for any vehicle on the side of the road. I changed blown out tires on semis on the side of the interstate for 9 years. It's pretty frightening out there when folks don't move over while you're trying to remove a recap wrapped around a trailer axle.

[BuddyRich]

I never needed a law to move over to the other lane when any vehicle is stopped next to the road. Never know why they are pulled over and what may happen as you get close so its always best to get in the other lane.

[slick97spirit]

I think that moving over to the other lane is just common sense. Back in the mid 80's I had a friend who didn't move over and there was a couple on the side of the interstate, outside of their vehicle arguing.

The guy at the last second pushed his girlfriend and she stumbled out into my buddies lane. Needless to say, the outcome was not pretty.

Ever since.......I get over as far as possible.

[bongobobny]

Hmmm, good info!! I normally do that out of courtesy and safety considerations but did not know it was a law!

 

PS sorry we weren't back in time for Big Tom's ride. Heard it was a huge success!!

[Snaggletooth]

Nebraska just got that passed a while back. Been putting up signs all over. Doesn't seem to help.

[Carbon_One]

Good to know states are taking it serious now. You'd think you wouldn't need another law to replace common sense. Then again it's more $$$ for the government.

Larry

[SilvrT]

Everyone around here slows down just to see what's going on... then it creates the "freight train" effect and before long, traffic has come to a standstill.

[Dano]

You'd think you wouldn't need another law to replace common sense.

Larry

 

 

 

[MidlifeVenture]

I think they will go for 20 under the posted speed limit and I always have moved over when safe and possible.

[RandyR]

I always do this anyway if possible, common sense as many have said. I just looked up the Georgia, USA law. It doesn't say 20mph, its say 'reasonable and proper' and applies to all roads, not just 4-lanes.

 

Move-Over-Law: Georgia Code, Title 40-6-16.

 

a. The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:

1.Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or

2. If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

b. The operator of a motor vehicle approaching a stationary towing or recovery vehicle or a stationary highway maintenance vehicle that is displaying flashing yellow, amber, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:

1. Make a lane change into a lane not adjacent to the towing, recovery, or highway maintenance vehicle if possible in the existing safety and traffic conditions; or

2. If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

c . Violation of subsection (a) or (b) of this Code section shall be punished by a fine of not more than $500.00.

[Condor]

I never needed a law to move over to the other lane when any vehicle is stopped next to the road. Never know why they are pulled over and what may happen as you get close so its always best to get in the other lane.

 

Yep..... Common sense tells you to give them as much clearance a possible.

[dynodon]

The law in Illinois is similar but there is NO, repeat NO idea of how much SLOW DOWN means!

 

The law is Move over OR slow down.

 

Again, you are not expected to move to the opposing lane on 2 lane roads, but moving over as far as possible is expected, along with the vague "slow down".

 

I do NOT agree that you MUST move over. I do move over on a 4-lane road (or mulit-lane) when it is safe, but what is crazy is people that don't know the law will force their way into the next lane when traffic is heavy and then we are off to the "crash" races! This law, being so undefined is a disaster IMO in Illinois. Nobody knows what will cause a ticket.

 

My wife was a passenger with a friend driving a truck with a 2 horse trailer. Interstate was fairly busy and the cop had his lights on on the side. they didn't pull over, but slowed down as much as they could (over 20 mph, but again, in IL there is no rule to go by) and because the trailer pushed so much air, the cop let his catch go, and stopped the truck/trailer. Gave them a ticket. It wasn't safe to pull the rig over at the last minute (the cop was around a corner) but he wouldn't listen to reason.

 

I think police/emergency workers need all the breaks they can get, but at least in Illinois, the law is bad, and needs some work. WAY too much interpretation left to the police.

 

As a Road Captain, I have run into this a few times and when I have a group of more than 2 or 3 bikes, I signal for single file and move to the left of the lane rather than risk moving a long line of bikes to the next lane and have to blend into cars that are already gawking at the cop/accident. We slow down also, but not too much, b ecause then the tail gunner will get run over.

[Hummingbird]

I've been moving over for years out of courtesy to the occupants of the vehicle regardless of whether they are broken down or getting a ticket.

Now, in most states I've traveled, it's the law. As already mentioned, I don't understand why we need to enact a law to enforce common sense.

[loadmaster]

this site gives states and fines http://www.moveoveramerica.com/

[Yammer Dan]

Always done it anyway. You never know what the Officer working there has going on.

[Dave77459]

this site gives states and fines http://www.moveoveramerica.com/

Wouldn't let me click the states...

 

Anyways, Texas law (move over or go 20mph under speed limit):

 

§ 545.157. PASSING AUTHORIZED EMERGENCY VEHICLE. (a) On

approaching a stationary authorized emergency vehicle using visual

signals that meet the requirements of Sections 547.305 and 547.702,

an operator, unless otherwise directed by a police officer, shall:

(1) vacate the lane closest to the emergency vehicle

when driving on a highway with two or more lanes traveling in the

direction of the emergency vehicle; or

(2) slow to a speed not to exceed:

(A) 20 miles per hour less than the posted speed

limit when the posted speed limit is 25 miles per hour or more; or

(B) five miles per hour when the posted speed

limit is less than 25 miles per hour.

(b) A violation of this section is:

(1) a misdemeanor punishable under Section 542.401;

(2) a misdemeanor punishable by a fine of $500 if the

violation results in property damage; or

(3) a Class B misdemeanor if the violation results in

bodily injury.

© If conduct constituting an offense under this section

also constitutes an offense under another section of this code or

the Penal Code, the actor may be prosecuted under either section or

under both sections.

 

Added by Acts 2003, 78th Leg., ch. 327, § 2, eff. Sept. 1, 2003.

[davecb]

In Alabama, it's any vehicle with flashing lights..Red, Blue or yellow....

[Karl C.]

its a law here in evansville, in also... whats bad though is people here cannot even figure out who has the right of way at a 4 way stop... they think the richer person gets to go first... then i get pead offf...

[LilBeaver]

In Illinois - Scott's Law, passed in 2002: Chapter 625 ILCS 5/11-907©

 

In my opinion, this is quite clear (I have copied this directly from my IVC manual leaving in the portions relevant to the discussion of Scott's Law (The move over law):

 

"

Operation of vehicles and streetcars on approach of authorized emergency vehicles

 

....

 

(2) the operator of every streetcar shall

(a) ...

© Upon approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights or amber or yellow warning lights, a person who drives an approaching vehicle shall:

(1) proceeding with due caution, yield the

 

right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle; or

(2) proceeding with due caution, reduce the speed of

 

the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.

As used in this subsection ©, "authorized emergency vehicle" includes any vehicle authorized by law to be equipped with oscillating, rotating, or flashing lights under Section 12-215 of this Code, while the owner or operator of the vehicle is engaged in his or her official duties.

.... "

 

 

Illinois was one of the earlier states to pass this legislation, and its explicit intent is to help protect the men and women that are serving the community (police, firefighters, EMTs, tow truck drivers, construction workers, etc).

 

If a specific number is tacked onto the law it makes it darn near impossible to get any of the violations to stick if an individual contests the citation, as the burden of proof is on the officer that wrote the ticket to prove that the violator was actually violating the law as written (ie specific speed) regardless of the actual safety of the individual (officer, in this case) that was on the side of the road to begin with. To be fair, smaller vehicles really don't need to slow down as much as large trucks (ie tractor/trailer types) or pickups pulling campers due to the airflow that goes on around the vehicles. It is very easy to get, literally, sucked out into traffic if the right kind of vehicle goes by fast enough and close enough. Not to mention all of the crashes that occur because some people [apparently] have a hard time keeping their vehicle in their lane and out of the back end of emergency vehicles (or the personnel trying to do their jobs).

 

Dynodon: I agree that this loose verbage does leave the opening for a very wide interpretation and if someone really wanted to be a turd, they could be. I also know what traffic around the Chicago area is like -- that 55 MPH speed limit on the tollway or 94 for example, 55 will get you killed; 70, maybe you can keep up with everyone else. I do hope that you and everyone else that questions these laws (either parts of the verbage or the laws in their entirety) see the reason, as far as safety, that these laws are passed. We can agree to disagree on the application and regulations that come in with it, everyone is entitled and had the right to their own opinion, and I certainly respect your opinion on this.

 

Again, I hope that everyone can understand the aspects regarding safety of the personnel involved as to why these laws are passed.