Expanded ‘move-over’ rule approved in New York

New York is the latest state to enact a revised move-over rule to cover all highway users.

At least 20 states now include all road users in their move-over law. Maryland adopted the rule one year ago, joining Arizona, Connecticut, Illinois, Iowa, Oklahoma, Oregon, Pennsylvania and Tennessee.

In 2023, about a dozen more states have adopted move-over rule revisions that apply to all highway users. New York joins Colorado, Delaware, Florida, Indiana, Maine, Minnesota, North Dakota, Rhode Island, Tennessee and Virginia among the states to implement revisions this year.

New York

Since 2012, the state of New York has applied move-over protections to cover emergency vehicles, hazard vehicles and vehicles displaying a blue or green light. The rule requires drivers to exercise due care and change lanes when approaching the affected vehicles.

Gov. Kathy Hochul’s office said other vehicles stopped on the sides of highways have remained a safety hazard. From 2016 to 2020, 37 individuals lost their lives outside disabled vehicles in New York.

Change to include all vehicles

State lawmakers approved legislation this summer to expand the state’s move-over law to include all vehicles parked, stopped or standing on the shoulder of a parkway or controlled-access highway.

Sen. Lea Webb, D-Binghamton, wrote in a bill memo that while existing law has been effective in protecting law enforcement and emergency vehicles that are stopped on the side of roadways, “there are still tragedies each year involving other motorists that are killed or seriously injured while stopped on the shoulder to attend to an emergency.”

The governor acted last week to sign into law the bill that requires vehicle operators to safely move over for any vehicle on the shoulder, if possible, or to slow down.

Hochul said the signing of S5129 is a significant step forward in reducing traffic-related accidents and ensuring the well-being of all New Yorkers.

“I want to thank Gov. Hochul for signing this legislation, which will extend safety protections to any motor vehicle that is parked, stopped or standing on the shoulder of a parkway or controlled-access highway, increasing safety and saving the lives of New Yorkers,” Webb said in prepared remarks. “This bill will decrease the numbers of fatalities and serious injuries that occur due to crashes involving a stopped or disabled vehicle on our roadways.”

The rule revision will take effect in March 2024. LL

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