Police Officer Preparation & Law Enforcement Resource - Archive

Howdy all. I did a quick search, couldn't find anything on the topic here, so now I'm asking... How many of you are in jurisdictions that have so-called "move over" laws that require motorists to move over if practical and clear the lane next to an emergency vehicle operating on the highway? And if you do, how strictly is this enforced? Just wondering, as we do not (to the best of my knowledge) and in the past few months, we've had three fire department vehicles struck by motorists, one firefighter hit, and too many police officers and vehicles struck to count. :mad: Thanks, and stay safe! :)

- Greg

What state are you in?

Maryland.

yes such a law was recently enacted in GA. as far as 'enforcement' I couldn't tell you.

We have it but to enforce it while already out on a traffic stop is HARD.

Here's the law in Wisconsin:

346.072 Passing stopped emergency vehicles, tow trucks and highway machinery equipment.

346.072(1)
(1) If an authorized emergency vehicle giving visual signal, a tow truck flashing red lamps, as required by s. 347.26 (6) (b), or any road machinery or motor vehicle used in highway construction or maintenance displaying the lights specified in s. 347.23 (1) (a) or (b) or, with respect to a motor vehicle, displaying the lights specified in s. 347.26 (7), is parked or standing on or within 12 feet of a roadway, the operator of a motor vehicle approaching such vehicle or machinery shall proceed with due regard for all other traffic and shall do either of the following:

346.072(1)(a)
(a) Move the motor vehicle into a lane that is not the lane nearest the parked or standing vehicle or machinery and continue traveling in that lane until safely clear of the vehicle or machinery. This paragraph applies only if the roadway has at least two lanes for traffic proceeding in the direction of the approaching motor vehicle and if the approaching motor vehicle may change lanes safely and without interfering with any vehicular traffic.

346.072(1)(b)
(b) Slow the motor vehicle, maintaining a safe speed for traffic conditions, and operate the motor vehicle at a reduced speed until completely past the vehicle or machinery. This paragraph applies only if the roadway has only one lane for traffic proceeding in the direction of the approaching motor vehicle or if the approaching motor vehicle may not change lanes safely and without interfering with any vehicular traffic.

346.072(2)
(2) In addition to any penalty imposed under s. 346.17 (2), any person violating this section shall have his or her operating privilege suspended as provided in s. 343.30 (1o)

And yes, we do enforce it as circumstances allow. Hope this helps.

Here is Virginia's Law:


§ 46.2-829. Approach of law-enforcement or fire-fighting vehicles, rescue vehicles, or ambulances; violation as failure to yield right-of-way.

Upon the approach of any emergency vehicle as defined in § 46.2-920 giving audible signal by siren, exhaust whistle, or air horn designed to give automatically intermittent signals, and displaying a flashing, blinking, or alternating emergency light or lights as provided in §§ 46.2-1022 through 46.2-1024, the driver of every other vehicle shall, as quickly as traffic and other highway conditions permit, drive to the nearest edge of the roadway, clear of any intersection of highways, and stop and remain there, unless otherwise directed by a law-enforcement officer, until the emergency vehicle has passed. This provision shall not relieve the driver of any such vehicle to which the right-of-way is to be yielded of the duty to drive with due regard for the safety of all persons using the highway, nor shall it protect the driver of any such vehicle from the consequences of an arbitrary exercise of such right-of-way.

Violation of this section shall constitute failure to yield the right-of-way; however, any violation of this section that involves overtaking or passing a moving emergency vehicle giving an audible signal and displaying activated warning lights as provided for in this section shall constitute reckless driving, punishable as provided in § 46.2-868.

(Code 1950, § 46-241; 1958, c. 541, § 46.1-225; 1960, c. 570; 1966, cc. 613, 699; 1968, c. 89; 1976, c. 754; 1984, c. 539; 1985, c. 462; 1989, c. 727; 1993, c. 579.



I've written a few of these over the last twenty years, never lost one because the judges do tend to frown upon people who fail to yield.

We have it but to enforce it while already out on a traffic stop is HARD.
leap frog. it's pretty easy with 2 cars. we also watch inter-agency. state, city and county all monitor each other's traffic stops for that. more people get popped than you would think.

Yup. Not commonly enforced since most people have enough common sense to do this already. If they don't and stopping them in unreasonable/unsafe, usually the DMV just gets noted for patrol.

Oregon:

811.147 Failure to maintain safe distance from emergency vehicle or ambulance; penalty.

(1) A person operating a motor vehicle commits the offense of failure to maintain a safe distance from an emergency vehicle or ambulance if the person approaches an emergency vehicle or ambulance that is stopped and is displaying required warning lights and the person:

(a) On a highway having two or more lanes for traffic in a single direction, fails to:

(A) Make a lane change to a lane not adjacent to that of the emergency vehicle or ambulance; or

(B) Reduce the speed of the motor vehicle, if making a lane change is unsafe.

(b) On a two directional, two-lane highway, fails to reduce the speed of the motor vehicle.

(2) The offense described in this section, failure to maintain a safe distance from an emergency vehicle or ambulance, is a Class B traffic violation.

We have that law in MN also. I've even seen signs on the side of the highway lately (I'm sure they were there the whole time, I just never noticed them before)

Not many people will pull over for the emergency vehicle and it really irritates me. They won't even pull over to the next lane for a disabled vehicle.

Personally, I pull over no matter what is on the shoulder. I don't want it on my concience if someone were to suddenly walk out from behind that car.

We just had the "move-over" law enacted 07/01/04. I haven't found that state law on it yet, but sooon...;)

valycop, he's asking about the buzz law

In VA there are 2 separate laws governing traffic around an emergency vehicle. The first one is the one valycop posted. You have to pull to the right when an emergency vehicle comes up behind you.

The second one is VA code 46.2-921.1,

§ 46.2-921.1. Drivers to yield right-of-way or reduce speed when approaching stationary emergency vehicles on highways; penalties.

The driver of any motor vehicle, upon approaching a stationary emergency vehicle, as defined in § 46.2-920, that is displaying a flashing, blinking, or alternating emergency light or lights as provided in §§ 46.2-1022, 46.2-1023, and 46.2-1024, shall (i) on a highway having at least four lanes, at least two of which are intended for traffic proceeding as the approaching vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to that occupied by the stationary emergency vehicle or (ii) if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions.

Violation of any provision of this section shall constitute a Class 1 misdemeanor. If the violation resulted in damage to property of another person, the court may, in addition, order the suspension of the driver's privilege to operate a motor vehicle for not more than one year. If the violation resulted in injury to another person, the court may, in addition to any other penalty imposed, order the suspension of the driver's privilege to operate a motor vehicle for not more than two years. If the violation resulted in the death of another person, the court may, in addition to any other penalty imposed, order the suspension of the driver's privilege to operate a motor vehicle for two years.

(2002, cc. 163, 341.)

You can spend up to a year in jail and a $2500 fine for failing to do this.

Thanks for the replies everyone. We had a bill die back in 2003 that would make motorists move over, and apparently, another one introduced this year, HB937, once again died. How many public safety officers must die before we get this thing passed?

Yup. Not commonly enforced since most people have enough common sense to do this already. If they don't and stopping them in unreasonable/unsafe, usually the DMV just gets noted for patrol.

.



You live in a small city I take it??

Try that here...jeez... Live in a area of 1.8 million, and 1.799999 speed on by. We need to start doing this actively in my department.
--------------

Texas SB 193 requires drivers nearing stopped emergency vehicles-with lights activated -to either slow down or change lanes.

The law states a driver must either vacate the lane closest to the stopped emergency vehicle if the road has multiple lanes traveling in the same direction or slow down 20 miles per hour below the speed limit. (If the speed limit is below 25 mph the driver must slow down to 5 mph.)

Emergency vehicles include police, emergency medical service and fire vehicles.

A violation is punishable by a maximum fine of $200. If the violation results in property damage, the maximum fine increases to $500. If the violation results in bodily injury, the offense is enhanced to a Class B misdemeanor.

The new law was passed in the last regular session of the Texas Legislature and went into effect Sept. 1, 2003.

TN 55-8-132

....(b) Upon approaching a stationary authorized emergency vehicle, when such vehicle is giving a signal by use of flashing 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 four (4) lanes with not less than two (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.

:D

valycop, he's asking about the buzz law

In VA there are 2 separate laws governing traffic around an emergency vehicle. The first one is the one valycop posted. You have to pull to the right when an emergency vehicle comes up behind you.

The second one is VA code 46.2-921.1,

§ 46.2-921.1. Drivers to yield right-of-way or reduce speed when approaching stationary emergency vehicles on highways; penalties.

The driver of any motor vehicle, upon approaching a stationary emergency vehicle, as defined in § 46.2-920, that is displaying a flashing, blinking, or alternating emergency light or lights as provided in §§ 46.2-1022, 46.2-1023, and 46.2-1024, shall (i) on a highway having at least four lanes, at least two of which are intended for traffic proceeding as the approaching vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to that occupied by the stationary emergency vehicle or (ii) if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions.

Violation of any provision of this section shall constitute a Class 1 misdemeanor. If the violation resulted in damage to property of another person, the court may, in addition, order the suspension of the driver's privilege to operate a motor vehicle for not more than one year. If the violation resulted in injury to another person, the court may, in addition to any other penalty imposed, order the suspension of the driver's privilege to operate a motor vehicle for not more than two years. If the violation resulted in the death of another person, the court may, in addition to any other penalty imposed, order the suspension of the driver's privilege to operate a motor vehicle for two years.

(2002, cc. 163, 341.)

You can spend up to a year in jail and a $2500 fine for failing to do this.

Unfortunately, there is not a single sign in VA posted telling motorists this and most judges won't convict anyone until there are some signs. NC has huge signs posted at the state line. With all the signs on the side of the Interstate you think that they could put up a few, it's certainly cheaper than one of us getting run over.

What kind of dumba** theory is that? You don't need signs to enforce a law. Are there any signs advising not to carry dope across your state? That's absolutely nuts. :confused:

You live in a small city I take it??

Try that here...jeez... Live in a area of 1.8 million, and 1.799999 speed on by. We need to start doing this actively in my department.

Fairly small city and surrounding rural area.

On surface streets, people are pretty good about it. Rural roads too. The most problematic areas are on the freeways/4-lane highways where people seem to think they don't need to move over (although it is much easier for them to accomplish this generally, with a 2nd lane of travel available to them)...

Unfortunately, there is not a single sign in VA posted telling motorists this and most judges won't convict anyone until there are some signs. NC has huge signs posted at the state line. With all the signs on the side of the Interstate you think that they could put up a few, it's certainly cheaper than one of us getting run over.


I've had all of mine put through. Albiet they were all reduced to a non-misdemeanor offense such as fail to yield or improper driving, and some were just given driving school if they had perfect records, but I haven't had any thrown out.

It's stupid that the judges in your area do that because I could go through the code book and find dozens of traffic laws that don't have signs. Technically, I've never seen an official traffic sign telling drivers to not drive the wrong way on the highway, but I'm sure the judges would convict that.

You have brought up an interesting point though, me thinks it's time to put in a call to VDOT about it.

Every once and a while I'll team up with another officer and play leap frog down the road stopping people for not following that law.

Oregon just passed a law requiring motorists to go over into the next lane or slow down to 25 mph.

A local S.O. set up a sting right after it passed by putting a patrol car on the side of the road with it's overheads on and putting another bunch of cars to stop and ticket people who didn't comply. It was about a $300 ticket. Really pissed off a lot of people. Since that S.O. operates on a levy that goes before the voters every few years, it was kinda dumb IMO. The law hadn't been publicized all that much before they did that.

After the law passed though, I've noticed a lot more police cars backing up each other. I've kinda wondered if it was to get that extra ticket by writing people for not complying.

It's stupid that the judges in your area do that because I could go through the code book and find dozens of traffic laws that don't have signs. Technically, I've never seen an official traffic sign telling drivers to not drive the wrong way on the highway, but I'm sure the judges would convict that.

I know what you mean, there are no signs explaining a lot of offenses, but the judges here believe that it is a traffic regulation issue. Hence the need for signs. I have talked to a lot of guys from around the state and it seems to be the same in quite a few other places as well. Also, there are one way signs on the interstate telling you which way to go. :D I had to count them one time for a wrong way fatality, never noticed them prior to that though.

On the interstate maybe but there are none on roads like Rt 360 or Rt 60 through Chesterfield, nor will you ever find any on your basic one lane in each direction road.

What kind of dumba** theory is that? You don't need signs to enforce a law. Are there any signs advising not to carry dope across your state? That's absolutely nuts. :confused:

Doesn't seem like that bad of an action to me. I would certainly want to have signs around a bit warning motorists of the law. Especially because this doesn't seem to be a common law like carrying dope across the state. Maybe the judge is onto something, I could bet that having a few signs up would increase the rate of people slowing down and moving over for LEO's than convicting the few people you can catch. Though I dont necessarily agree the cases should have just been dropped either. Just my 2

I think it should be common sense to move over or slow down for emergency vehicles positioned on the shoulder or partially blocking a lane of traffic, hence nailing them with a ticket. I don't have a problem with some signs, but if the state needs one to tell people to move over or slow down, then that's pretty weak in my book.

I'm not saying its not common sense, but common sense doesn't always equal a law. I mean, its pretty common for me not to eat a large batch of habenero(sp?) peppers, doesn't necessarily mean I'll be hooked and booked on it.

Im not trying to take away from the Fact people should slow down and move over. I do it every time I drive, and I expect people to do the same. I just think it would be wise to post some signs informing them its law for them to do it, not just a courtesy.

I'm not saying its not common sense, but common sense doesn't always equal a law. I mean, its pretty common for me not to eat a large batch of habenero(sp?) peppers, doesn't necessarily mean I'll be hooked and booked on it.

Im not trying to take away from the Fact people should slow down and move over. I do it every time I drive, and I expect people to do the same. I just think it would be wise to post some signs informing them its law for them to do it, not just a courtesy.

I can see your point. :D

We have the move over law here in Kentucky, but it's not enforced. There should be two police officers on traffic stops so that one can deal with the traffic stop, and the other can deal with the morons who don't abide by the move over law. It would definitely make people follow the law, and would possibly save a life, in the long run.

We have the move over law here in Kentucky, but it's not enforced. There should be two police officers on traffic stops so that one can deal with the traffic stop, and the other can deal with the morons who don't abide by the move over law. It would definitely make people follow the law, and would possibly save a life, in the long run.
Ahh kimber...ye of little faith! :D As kimber mentions, we do have it here in Kentucky and since it's pretty much the same as everyone elses, I won't paste in in the post. Contrary to where she lives though, we enforce the hell out of it. True, it's very hard to do while already on a traffic stop. Even if there is two of you there, sometimes you don't want to let your backup officer go just to chase down another traffic violation.
I have started spending a lot more time checking unoccupied disabled vehicles on the side of our main road. I'm very thorough of course, taking an ample amount of time to allow people to pass by. :cool:

I see, if only we had more "thorough" officers in the southern part of the state. :)

Florida also has the "move over law" - vehicles must change lanes or slow to 20mph under the speed limit. It is not limited to police/emergency vehicles. They law also covers tow trucks loading on the side of the road

Here in GA we have a "move over law". It applies to all emergency vehicles. Drivers have to slow to under the posted speed limit and change lanes if possible. I have set back and watched officers out on traffic stops and observed traffic. I've stopped and cited a few that failed to slow and or change lanes. Driver attitude was generally apologetic.

Gotta move over in Michigan

We have a move-over law in NC. The State Troopers in my county actually play "leap frog" on the interstate. One will stop a car, the other will pull in behind. When someone fails to move over, the other trooper goes after him :).

Clarke County does (Georgia). I believe the law is still fairly new. You can probably find information on their website, www.athensclarkecounty.com

The problem with 'move over' laws is that the more important it is for people to get out of your way, the less time you have to stop and charge someone for it.

In Saskatchewan (a Canadian province), motorists are required to slow to 60 km/h for any emergency vehicle or tow truck that has its lights on on the highways. The fine for this is triple the normal speeding ticket, which is great because we've had quite a few RCMP killed by careless drivers (mainly truckers) during traffic stops. They do enforce this where possible because a few of my friends have gotten tickets for it. In the cities if there's a stop where the normal speed limit is above 60 km/h (like on the freeways) a second car is dispatched and effectively sets up a radar trap at the traffic stop. I have seen this happen on the highways with the RCMP as well, but most of the time, especially away from the bigger cities, there are only 2 or 3 patrol cars per RCMP detatchment, so it would make it nearly impossible for a second car to attend the traffic stop.

The Saskatoon City Police have actually used this to set up a rather tactless speed trap. They put a patrol car in the median of the main freeway thru town with its hazard lights on (not its regular emergency lights) and pulled over anyone doing more than 60. Tons of people got nailed for this. It even made the paper....pissed lots of people off.

On the interstate maybe but there are none on roads like Rt 360 or Rt 60 through Chesterfield, nor will you ever find any on your basic one lane in each direction road.

My current place of employment is in Chesterfield on Rt. 60 and let me tell you, people in the Richmond metro *in general* seem to be losing their common sense.

Stay safe.

Doesn't seem like that bad of an action to me. I would certainly want to have signs around a bit warning motorists of the law.
Maybe the judge is onto something, I could bet that having a few signs up would increase the rate of people slowing down and moving over for LEO's than convicting the few people you can catch.


I would have to agree with Lacey here. While I have always moved over, or slowed down if I couldn't get over, out of common courtesy and common sense as well, it was not until a few days ago that I was told by my friend that this was actually a law. I agree with the law, but with all the other signs up, some of which I doubt their value or relevance, I think putting a few up stating this law wouldn't hurt. Everybody should move over or slow down on principle, but I do get the feeling that many don't realize it is a law here either.

I was backing a neighboring agency on a stop the other day and there was a sticker on his rear window, on the left hand side, advising people of our law regarding this violation. I chuckled because if they were close enough to read the sticker they had already violated the law!! :D

I know it is enforced here because I got yelled at for it once. An officer was on a traffic stop right at the top of the on ramp and I couldn't get around him. I was pulled over by another officer a couple hours later for an equipment violation. After the initial questioning, he asked if I "flew past" an officer on a traffic stop on the freeway earlier that night. A couple miutes later the officer I "flew past" shows up at my window and gives me a lecture about yielding to emergency vehicles and told me I was lucky he wasn't citing me for it.
If they see the vehicle but aren't in a position to go after it, they will call in to dispatch with a plate or description and have another officer give chase.

I don't know if we have a 'move over' law in CA (I hope we do!), but I always slow down and move over anyway. I also remind a friend I ride with frequently to do the same.

We have this law in Ontario as well, I'm not sure when it was enacted, but it hasn't been long enough. You must pull over into the other lane if/when it is safe to do so. You must also drop your speed by half at least. Ironically enough a friend of mine had just been sworn in with Ottawa Police and her boyfriend (ex-boyfriend now... lol) buzzed an officer who had someone else pulled over... the officer was actually just putting away his ticket book and was finishing up, on went the lights and siren and the arse got a ticket for not pulling into the other lane in a timely fashion. It's about time!!! Too many officers, ff or emt's are put in danger because someone is being an *** or is in "a hurry."

PS - You have to drop your speed by half for construction vehicles as well, unless otherwise posted (the street I live on is under construction, it is normally an 80kph zone, we now have orange posted signs stating 60kph)

Now that I have my Colorado Revised Statutes book.. :D

"18-8-104. Obstructing a peace office, firefighter, emergency medical services provider, rescue specialist, or volunteer. (4) Obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer is a class 2 misdemeanor."

I'm not completely sure if intent is required. This statute is broad, and does not limit itself to emergency vehicles.

Now that I have my Colorado Revised Statutes book.. :D

"18-8-104. Obstructing a peace office, firefighter, emergency medical services provider, rescue specialist, or volunteer. (4) Obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer is a class 2 misdemeanor."

I'm not completely sure if intent is required. This statute is broad, and does not limit itself to emergency vehicles.

I believe this refers specifically to hindering those mentioned above during their duties, not in reference to their vehicles.

We have a similiar statute in TN regarding interfering with EMS personnel during a medical emergency, etc.

I believe this refers specifically to hindering those mentioned above during their duties, not in reference to their vehicles.

We have a similiar statute in TN regarding interfering with EMS personnel during a medical emergency, etc.
You're absolutely right. Thanks. I managed to find a new law Colorado enacted just over a month ago. I didn't hear anything about it on the news, but I am thirilled it was put into effect.


A practice followed by professional truck drivers for decades is now law in Colorado.

Gov. Bill Owens has signed off on a measure, dubbed the “Move Over” law, designed to protect police and other emergency personnel during roadside stops.

The new rule took effect July 1.

Existing Colorado law requires that motorists yield the right-of-way when an ambulance or police vehicle is approaching with lights and sirens activated.

The new law, previously HB1187, requires motorists to also maintain a safe distance and reduce speed when approaching stationary emergency vehicles that are alongside the road with their lights flashing.

The effort comes in response to 31 Colorado State Patrol vehicles hit during traffic stops or while attending to roadside emergencies in 2004, The Durango Herald reported.

In 2002, 78 people statewide died in roadside incidents linked to accident sites; in 2003, the number of accident-site fatalities rose to 85.

The new rule requires drivers to merge into a lane further away from an emergency vehicle. On two-lane highways, drivers are required to reduce speed before passing the emergency vehicle.

Failure to obey the law would result in at least a $50 fine and a four-point penalty on an offender’s license.

According to the National Conference of State Legislatures, Colorado is at least the 30th state to implement the safety zone rule."
I've always done this just because I saw my parents do it; I thought it was common sense. The amount of people I see not moving over amazes me.

Minnesota has had the law for a few years now. We refer to it as the Ted Foss move over law, since it was enacted after Ted Foss, a Mn State Troopper, was struck and killed by a passing motorist. Ted, I'm sorry it took your sacrifice for our legislation to wake up. R.I.P.

Minnesota has had the law for a few years now. We refer to it as the Ted Foss move over law, since it was enacted after Ted Foss, a Mn State Troopper, was struck and killed by a passing motorist. Ted, I'm sorry it took your sacrifice for our legislation to wake up. R.I.P.


There is a nice memorial and huge sign about him at the Rest Area at Dresbach, just coming into Minnesota on the freeway.

The amount of people I see not moving over amazes me.

I saw this when I was on my first ride along; going lights and siren to a call and seeing a bunch of people not moving over. Do they just not pay attention? I mean, how can you not see or hear that coming up behind you?