Move Over Laws: Who Must Obey Them?

Ontario's Move Over Law requires drivers to slow down and move over when approaching emergency vehicles with flashing lights. This law applies to all drivers on roads with a speed limit of 80 km/h or less and is designed to protect emergency workers and first responders by giving them space to work safely and helping to prevent accidents. Under this law, drivers must slow down to below the speed limit, use their turn signal to indicate a lane change, move to the right side of the road, clear of any intersections, and stop if they cannot pass safely.

Move Over Law in Ontario

The Move Over Law in Ontario, or Section 159 (2,3) of the Highway Traffic Act, requires drivers to slow down and move over to another lane when passing an emergency vehicle or tow truck with its lights flashing. This law is in place to protect law enforcement officers and other first responders working on the side of the road. It applies to all drivers on roads with a speed limit of 80 km/h or less.

What to Do When Approaching an Emergency Vehicle:

• Slow down: Reduce your speed to less than the posted speed limit.
• Signal: Use your turn signal to indicate a lane change.
• Move over: If there are multiple lanes, move over to provide a lane of space between your vehicle and the emergency vehicle.
• Stop if you can't pass safely: If you can't move over, stop before reaching the emergency vehicle or wait until it passes.

Penalties for Violating the Move Over Law in Ontario:

First offence:

• Ticket fine: $400 to $2,000
• Three demerit points
• Possible suspension of driver's licence for up to two years

Subsequent offences (within five years):

• Fines: $1,000 to $4,000
• Three demerit points
• Possible jail time of up to six months
• Possible suspension of driver's licence for up to two years

Tips for Moving Over for an Emergency Vehicle:

• Stay alert: Avoid distractions and keep your eyes on the road.
• Pull over: If possible, pull over to the right side of the road and stop.
• Slow down: If you can't pull over, slow down and move over as far as possible.
• Remain calm: Focus on driving safely and yielding to the emergency vehicle.
• Signal: Always use your turn signal before changing lanes.
• Avoid blocking: Don't block intersections or drive on the shoulder.
• Don't follow: It's illegal to follow an emergency vehicle responding to a call within 150 metres.

Emergency Vehicles Covered by the Law

The Move Over Law applies to all emergency vehicles, including police cars, ambulances, and fire trucks. In some places, like Ontario, it also includes tow trucks, public utility vehicles, and highway maintenance vehicles.

The law requires motorists to slow down and move over when they see an emergency vehicle with flashing lights approaching. This is to improve the safety of workers and drivers and to allow emergency vehicles to reach areas quickly and safely.

If the road has two or more lanes, you must move over and provide a lane of space between your vehicle and the emergency vehicle. If you are unable to move over, you must slow down to a safe speed and proceed with caution until you have passed the emergency vehicle.

It is important to note that the Move Over Law only applies to stationary vehicles displaying emergency or warning lights. If the emergency vehicle is not stationary or does not have its warning lights activated, you are not obligated to take any special measures.

Failing to obey the Move Over Law can result in fines, demerit points, and even suspension of your driver's license. It is important to be aware of the specific laws and regulations in your area, as they may vary across different provinces, states, or countries.

What to Do When Approached by an Emergency Vehicle

When approached by an emergency vehicle, it is important to remember that you are obligated to pull over and let it pass. However, this does not mean you should break the law or put yourself or other drivers in danger. Here is a list of things to do when approached by an emergency vehicle:

• Stay Alert: Keep noise levels in your car low so you can hear approaching sirens. Keep your eyes on the road and avoid distractions.
• Investigate: Use your mirrors to determine how quickly you need to react and what you can do to get out of the way.
• React: Move calmly and quickly to pull over to the side of the road. Always use your turn signal and avoid slamming on the brakes.
• Enter: Before re-entering the flow of traffic, look around carefully and use your turn signal.
• Never: Do not pull over if you can't do so safely or without breaking the law. Do not try to outrun an emergency vehicle or follow it too closely.
• If you are on a multi-lane highway, move to the rightmost lane if possible. Do not move onto the shoulder.
• If you are unable to move, stay in your lane and drive slowly and cautiously.
• If the emergency vehicle is approaching from behind, proceed through the intersection, then pull to the right and stop.
• Do not block the intersection.
• If you are unable to move to the right, signal and pull to the left side of the road if possible, and stop.
• If you are on a two-lane road, both lanes should pull away from the vehicle to create a gap in the middle.
• If you are at a red light, you may move forward and to the right if there is a clear path for the emergency vehicle to turn right. However, do not cross the intersection against a red light.
• If you are in heavy traffic, it is best to stay in your lane and wait for the emergency vehicle to pass.

Penalties for Violating the Law

Violating the Move Over Law can result in various penalties and consequences, which differ depending on the region. Here is an overview of the penalties for violating this law:

Fines and Monetary Penalties:

In Ontario, Canada, the first offence can result in a ticket fine ranging from $400 to $2,000. Repeat offences within five years can lead to fines ranging from $1,000 to $4,000.

In Maryland, the fine for violating the Move Over Law is $110, and this amount can increase to $150 if the violation causes an accident.

In Florida, the base fine for first-time offenders is typically $60, but additional fees and court costs can push the total penalty above $100. Repeat offenders face increased fines, which can double or triple, resulting in total costs exceeding $200.

Points on Driver's License:

Violating the Move Over Law can result in points being added to your driver's license, which can lead to license suspension over time. In Maryland, the Maryland MVA may assess one point against your license for a violation, and up to three points if the violation causes an accident. In Florida, a violation typically results in three points, which is a significant number reflecting the seriousness of the offence. Accumulating 12 points within 12 months in Florida can lead to a 30-day license suspension, while 24 points within 36 months will result in a one-year suspension.

Potential Criminal Charges:

In some cases, violating the Move Over Law can lead to criminal charges, particularly if reckless behaviour or harm to others is involved. For example, in Florida, a violation can be elevated to a reckless driving charge, which is a misdemeanour and can result in fines and potential jail time. If a violation results in an accident, injury, or fatality, more severe charges such as vehicular manslaughter or aggravated assault with a motor vehicle may apply.

Court Appearances and Legal Proceedings:

Violations of the Move Over Law, especially those involving accidents, injuries, or repeat offences, may require court appearances and legal proceedings. During these proceedings, a judge will review the circumstances, consider prior violations, and determine appropriate penalties, which can include fines, license suspension, or mandatory traffic school.

Impact on Insurance Rates:

Violating the Move Over Law can also have a significant impact on your insurance premiums. Insurance companies view these violations as indicators of risky driving behaviour, and rates may increase by 10% to 25% following a violation. These increased rates can persist for several years, typically three to five years from the violation date.

Other Consequences:

In addition to the penalties mentioned above, violating the Move Over Law can affect your ability to drive and increase your risk of accidents. For example, in Iowa, violating the law and causing an accident can result in the suspension of your driver's license or operating privileges for a certain period, depending on the severity of the accident.

Fighting a Move Over Law Violation Ticket

In Ontario, Canada, the Move Over Law requires drivers to slow down and move over to another lane when approaching emergency vehicles with flashing lights. This law is in place to protect emergency workers on the road, and a failure to comply can result in a fine and demerit points on your license.

If you have been issued a ticket for violating the Move Over Law, there are a few strategies you can use to fight it:

• Consult a traffic lawyer: An experienced traffic lawyer will be able to advise you on the best course of action and determine if you have a strong case for fighting the ticket. They can also help gather evidence and build your defence.
• Gather evidence: Collect as much evidence as possible to support your case. This may include eyewitness testimonies from passengers or other drivers, diagrams of the scene, and photographs.
• Obtain a copy of the police report: Request a copy of the police report from the officer who issued the ticket, as it will contain important information that can aid in your defence.
• Dispute the officer's opinion: If you received a ticket for an unsafe lane change or similar judgement call, you can challenge the officer's opinion by arguing that your actions were safe given the weather and traffic conditions.
• Dispute the officer's evidence: If you were issued a ticket for a clear-cut infraction, such as running a stop sign, you can question whether the officer definitely saw you commit the violation. While this can be difficult to argue, eyewitness statements and diagrams of the scene may help call the officer's observations into question.
• Argue that your actions were justified: Instead of disputing the ticket, you can admit to the violation but provide a justification for your actions. For example, if you were issued a ticket for speeding, you may be able to argue that you were trying to pass a possibly drunken driver.

While it is possible to fight a Move Over Law violation ticket, it is important to remember that ignorance of the law is not a valid defence. Additionally, violating the Move Over Law can have serious consequences, including fines, demerit points, and increased insurance rates.

Frequently asked questions