'Move Over' Traffic Laws

Claim:   Motorists in most U.S. states can be fined for failing to slow down or change lanes when passing parked emergency vehicles.

TRUE

Example:   [Collected via e-mail, January 2004]

Origins:   On 1 September 2003, a new traffic law went into effect in the Lone Star state. Troopers didn't strictly enforce it for its first ninety days on the books (they began ticketing in earnest only in December 2003), which is why reaction to this new measure didn't begin to surface until

three months after one might have expected it to.

The "Move Over Act" (Sec. 545.157 of the Texas Transportation Code) requires motorists approaching emergency vehicles that are stopped with their lights flashing by the sides of roads to move out of the lanes closest to these vehicles or to reduce speed to 20 mph under the posted limit. (If the speed limit is less than 25 mph, motorists must slow to 5 mph.) This law was intended to reduce the number of injuries to police officers, paramedics, ambulance workers, and fire fighters who have all too often been winged by cars whizzing past sites where they were attempting to
carry out their duties.

"The whole idea of that law is to keep people from running over us," said Kyle Coleman, a lieutenant with the Bexar County Sheriff's Department. "It's a real nerve-racking experience. You feel the wind from the (side) mirror slide across your back."

"People were not slowing down and it's very dangerous for the emergency services personnel to be on the side of the road," said Tela Mange, a spokeswoman for

the Texas Department of Public Safety. "They are very vulnerable. There oftentimes are wrecks because people are not paying attention or are more interested on what's going on in the side of the road."

Many of those who serve have been killed by careless motorists. In 2003, among the police officers killed nationwide, 13 were struck by vehicles while they were on duty outside of their vehicles.

In the five years since we originally published this article many other states have passed "move over" laws, the latest being New York, which in January 2011 enacted a law requiring drivers approaching a stationary emergency or maintenance vehicle with flashing lights to move to the next adjacent lane if it is safe to do so, and, barring that, to reduce their speed. All states except Hawaii and the District of Columbia now have some form of "move over" law on the books, as do many of the Canadian provinces.

A January 2010 message circulated by e-mail claimed that a new "move over" traffic law had been implemented in California just that month:

However, California's "move over" law was actually passed in 2006 and implemented in 2007, and the standard penalties for violating it are exaggerated in the e-mail:

(Although the monetary fine specified in the California Vehicle Code for an infraction of this type is "not more than $50," the state and the county where the infraction took place typically impose additional penalty assessments and surcharges, so the total fine paid can vary from county to county and is likely to be around the $146 figure mentioned above.)

Barbara "slow down and save the life of someone who may one day save yours" Mikkelson

Additional information:  

Move Over, America!

Last updated:   9 January 2011

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