More states look to expand move-over rules

January 31, 2024

Keith Goble

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Move-over rules are constantly changing. The trend does not appear to be slowing anytime soon.

For years, states applied move-over protections for emergency personnel. As time went on, states started expanding their protections to apply to vehicles that include road service, utility and tow trucks.

Groups that include the Owner-Operator Independent Drivers Association have advocated through the years to include large trucks and others in the commonsense rule.

Over the past few years, more and more state legislatures have gotten on board to apply protections for all highway users.

At least 20 states now cover all highway users in their move-over law. Maryland adopted the rule two years ago, joining Arizona, Connecticut, Illinois, Iowa, Oklahoma, Oregon and Pennsylvania.

A year later, about a dozen more states adopted move-over rule revisions that apply to all highway users.

During the opening weeks of work this year at state legislatures across the country, lawmakers in a growing list of states are looking to do the same.

Georgia

Georgia law mandates vehicle operators to move over or slow down for stationary authorized emergency vehicles, towing or recovery vehicles, highway maintenance vehicles or utility service vehicles. The protection applies when the affected vehicles are displaying flashing lights or using traffic cones.

The House Motor Vehicles Committee voted unanimously Tuesday, Jan. 30, to advance a bill that calls for including other vehicles in the protection rule.

HB959 would expand the rule to cover any vehicle with individuals present outside of it. The bill also would cover any vehicle displaying flashing hazard lights.

The rule would apply on any roadway with at least two lanes traveling in the same direction.

The bill awaits further House consideration.

Kansas

Identical legislation in the Kansas House and Senate also addresses move-over rules.

Statute requires travelers to move over or slow down when approaching vehicles that include law enforcement, emergency responders and utility vehicles with lights flashing along roadsides.

HB2503/SB142 would expand the rule to cover any stopped vehicle displaying hazard warning lights, road flares or caution signals.

The legislation would add a $75 fine for unlawful passing of a stationary vehicle.

The Senate Transportation Committee has voted to advance SB142 to the full chamber. HB2503 is in the House Transportation Committee.

Kentucky

The issue also is under review at the Kentucky statehouse.

In place since 2003, Kentucky’s move-over law requires drivers to move over to the adjacent lane when approaching an emergency vehicle or public safety vehicle with flashing lights. If changing lanes is not possible or is unsafe, drivers are required to slow down and move with caution.

Covered vehicles include law enforcement, firefighters, paramedics and towing vehicles.

The House Transportation Committee voted to advance a bill to extend the requirement to move over or slow down to include any “disabled vehicle” displaying a warning signal.

HB19 would cover any vehicle displaying some type of warning signal, such as emergency flashers, flares or retroreflective signals.

AAA Bluegrass backs the pursuit. It reported that over a recent five-year period, nearly 30 people in Kentucky were struck and killed along roadsides. The group said all road users need to be protected when parked along the roadside for any reason.

The bill awaits further consideration in the House chamber.

Ohio

One Ohio bill would expand the move-over law to include any stationary vehicle that is in “distress.”

SB178 reads that “a vehicle is in distress when the operator indicates the condition through lit fuse, flares, red lights, red reflectors, red flags, emergency signs or flashing emergency/hazard lights.”

Failure to change lanes or proceed with caution when approaching a stationary vehicle in distress could result in a misdemeanor offense. Drivers with other traffic violations in the past year would face increased charges.

An additional $100 charge could result if distracted driving is determined to be a factor in failure to move over or slow down.

The bill is in the Senate Transportation Committee. LL

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