Road Work And The Move Over Law: Who Must Comply?

Move Over laws are designed to protect emergency responders working along the roadside. In the US, all 50 states have passed such laws, which require drivers to change lanes and/or slow down when approaching an emergency vehicle that is parked or stopped on the road. This includes law enforcement vehicles, ambulances, and fire trucks, as well as tow trucks and construction vehicles in some states. The laws aim to reduce the risk of accidents and fatalities involving emergency responders and give them the space they need to do their jobs effectively. While the specific provisions of Move Over laws vary by state, the general requirement is for drivers to move over or slow down when encountering an emergency vehicle with flashing lights or sirens.

Move Over laws in the US

The laws typically apply when there is an "authorised emergency vehicle" on the scene, which may include law enforcement vehicles, fire trucks, ambulances, and in some cases, tow trucks and other service vehicles. In New York, the law also applies to vehicles with flashing amber lighting, such as construction vehicles and utility workers.

The Move Over laws originated in South Carolina in 1996, after a paramedic named James D. Garcia was struck and injured at an accident scene. Similar incidents across the US in 2000 led the Department of Transportation and Federal Highway Administration to address the issue of Emergency Scene Safety and recommend changes to protect emergency workers. With the support of public interest groups, Move Over laws became standard across the US.

While the laws have improved safety for emergency responders, there is still a lack of awareness among drivers, which can hinder their effectiveness. In 2022, there were 170 crashes and over 14,000 citations issued in Florida alone for motorists failing to move over. Violation of the Move Over law can result in fines and, in some cases, jail time.

Move Over laws in Canada

In Canada, Move Over laws require motorists to move to the shoulder and stop when they notice an incoming emergency vehicle with sirens or flashing lights until the vehicle has passed. This gives emergency vehicles a clear roadway for responding to emergencies and encourages a fast response.

The Move Over law in Canada applies to all motorists and requires them to slow down and move over to another lane when they approach emergency vehicles with flashing lights. This includes tow trucks, fire trucks, police cars, public utility vehicles, and ambulances. The law is in place to protect first responders and emergency workers on the side of the road.

The specific requirements of the Move Over law differ across Canadian provinces, including Alberta, British Columbia, Manitoba, Newfoundland and Labrador, New Brunswick, Northwest Territories, Nova Scotia, Nunavut, PEI, Quebec, Saskatchewan, and Ontario, which was one of the first provinces to implement the law. For example, in Alberta, drivers must slow down to 60 km/h or less if the speed limit is lower in the area they are passing, while in Quebec, there are no strict limits on driver speeds but drivers are advised to slow down to safe and reasonable limits.

Violating the Move Over law in Ontario can result in fines ranging from $400 to $2,000 for the first offence, with possible suspension of the driver's license for up to two years. Subsequent offences within five years can result in fines ranging from $1,000 to $4,000, three demerit points, and possible imprisonment for up to six months.

The history of Move Over laws

The Move Over law in the US requires motorists to change lanes and give a safe amount of clearance to emergency vehicles, law enforcement officers, and first responders stopped on the roadside. This law was created to protect emergency responders working on the roadside and reduce roadside fatalities in the line of duty.

The Move Over law was first passed in South Carolina in 1996 after a paramedic, James D. Garcia, was struck and injured at an accident scene in 1994. Garcia was responding to a call about a driver who had slid off the road. He was found at fault by the South Carolina Highway Patrol, which led to his work in creating this law. The law was revised in 2002 to increase enforceability and fines.

After a series of similar incidents across the US, the Department of Transportation and Federal Highway Administration began to address the issue of Emergency Scene Safety in 2000. They issued recommended changes for the new Manual of Uniform Traffic Control Devices (MUTCD), which finally addressed the need for improved standards and protection for emergency workers. With the help of public interest groups like the Emergency Responder Safety Institute, move over laws were standardised and passed in all 50 states.

Hawaii was the last state to pass the Move Over law in 2012, after two Honolulu Police Officers were killed in separate traffic stops.

The consequences of breaking Move Over laws

Move Over laws are designed to protect emergency workers and those in need of their services. These laws require drivers to change lanes and/or slow down when approaching stopped emergency vehicles, giving them more space and reducing the risk of accidents. All 50 states in the US have Move Over laws, and failure to comply can result in several consequences.

The penalties for violating Move Over laws vary depending on the state and the severity of the violation. In Maryland, for example, a driver can be fined $110 and have one point assessed against their license for failing to move over. If the violation causes an accident, the fine increases to $150, and up to three points can be assessed. These points can accumulate over time, leading to a license suspension.

In Colorado, violating the Move Over law is considered a Class 2 misdemeanour traffic infraction, punishable by up to 90 days in jail and a fine of up to $300. If the violation results in bodily injury, it becomes a Class 1 misdemeanour, with potential jail time of 6 to 18 months and fines ranging from $500 to $5,000. If the violation causes an accident that results in death, it becomes a Class 6 felony, with potential prison time of 1 to 18 months and fines ranging from $1,000 to $100,000.

In Ontario, Canada, the penalties for a first offence of failing to move over include a fine of up to $2,000 and three demerit points. Subsequent offences can result in fines ranging from $1,000 to $4,000, as well as the possibility of jail time of up to 6 months and a licence suspension of up to two years.

It is important to note that ignorance of the law is not a valid defence, and with the recent expansion of Move Over laws in states like Maryland, drivers must stay informed to avoid unintentionally violating these laws and facing their consequences.

The effectiveness of Move Over laws

In the US, all fifty states have passed Move Over laws, which require motorists to give a one-lane buffer to stopped emergency vehicles or, if that is not possible, slow down to a reasonable speed. These laws were implemented in response to increasing roadside fatalities in the line of duty. The effectiveness of these laws relies heavily on driver cooperation, and there have been concerns about a lack of awareness among drivers. To address this, public information campaigns have been initiated by organisations such as "Move Over America" and AAA, and some states have included driver education initiatives and enforcement directives as part of their legislation.

In Canada, Move Over laws have been implemented in all provinces except Quebec, which enacted its law in 2012. These laws require motorists to move to the shoulder and stop when an incoming emergency vehicle with sirens or flashing lights is approaching from any direction. This gives emergency vehicles a clear roadway to respond to emergencies quickly. Alberta expanded its Move Over law in 2005 to include tow trucks, and Ontario modified its law in 2015 to include tow trucks producing intermittent flashes of amber light. Quebec's law is unique in that it applies to a broader range of service vehicles, including tow trucks, emergency vehicles, and highway department patrol vehicles.

While the effectiveness of Move Over laws is yet to be conclusively determined, they are generally considered a positive step towards enhancing the safety of emergency responders and other roadside workers.

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