Six states pursue expanded ‘move over’ rules for all road users

Action underway at statehouses across the country call for expanding move-over rules to apply to all highway users.

There are nine states that include all road users in their move-over law, AAA reports. Maryland adopted the rule one year ago, joining Arizona, Connecticut, Illinois, Iowa, Oklahoma, Oregon, Pennsylvania and Tennessee.

Bills in Colorado, Georgia, Minnesota, New York, North Dakota and Virginia would do the same. Meanwhile, a Montana bill falls short.

Colorado

One bill halfway through the Colorado General Assembly would expand the state’s move-over rule.

State law requires drivers to move one lane over or, if moving over is not possible, reduce and maintain a safe speed when approaching or passing a stationary authorized emergency vehicle, tow truck, public utility service vehicle, or a vehicle being equipped with tire chains.

House lawmakers voted to advance a bill to add to the list stationary vehicles giving a hazard signal.

Failure to make room or slow down for affected vehicles could result in a careless driving offense. Violators would face punishment that starts at a minimum $150 fine or at least 10 days in jail.

According to a fiscal note, over the most recent three-year period, 230 people were sentenced for “failing to exhibit due care and caution” when approaching or passing certain vehicles.

The bill, HB1123, has moved to the Senate Transportation and Energy Committee.

Truckers back change

Marty Ellis, driver of the OOIDA tour truck, says most truck drivers believe in move-over rules. He points out that if a trucker is unable to change lanes, state laws across the country are vague when it comes to how much drivers are expected to slow down.

“It needs to be uniform so everybody knows and understands it,” Ellis said.

He adds that roadway users make worse the safety concern when they stop along roadsides to swap drivers, let dogs out or to take a break.

“Anyone that has ever been broken down on the shoulder sees all the vehicles that don’t get over and how dangerous it can be.”

Georgia

Georgia House lawmakers have unanimously approved a bill to include more vehicles in the protection rule.

State 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.

First-time offenders face fines up to $250.

HB119 would expand the rule to cover any vehicle that is displaying flashing lights, using traffic cones, or displaying flashing hazard lights.

The bill awaits assignment to committee in the Senate.

Minnesota

Minnesota statute requires drivers to move over or slow down for emergency vehicles stopped along the roadside. Ambulance, police car, tow truck, and road maintenance vehicles are among the vehicles protected under the safety rule.

One Senate bill would apply the same protection to highway maintenance vehicles, utility service vehicles, or other vehicles.

SF1360 is in the Senate Transportation Committee.

Montana

The Montana House has approved an amended bill that would revise the state’s move-over rule to include more vehicles in the protection.

Currently, statute applies the protection to emergency vehicles, police vehicles or tow trucks displaying flashing or rotating amber, blue, red, or green lights or any temporary sign. Road users are required to reduce speed or move to a lane away from the stopped vehicle before passing.

HB320 would add highway maintenance vehicles and utility vehicles to the rule while displaying flashing or rotating amber, blue, red, or green lights or any temporary sign.

A change made to the bill removed inclusion of “other vehicles,” which would include cars and trucks.

The bill is in the Senate Highways and Transportation Committee.

New York

One New York Assembly bill would expand the state’s move-over law to include vehicles parked on the shoulder of a highway.

State law already requires moving over for emergency vehicles, hazard vehicles, and vehicles displaying a blue or green light.

Sponsored by Assemblyman Kenneth Zebrowski, D-Rockland, AB1077 would require vehicle operators to “exercise due care” to avoid colliding with a vehicle parked, stopped or standing on the shoulder or any portion of a highway.

Zebrowski 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.”

The bill would require vehicle operators to safely move over for any vehicle on the shoulder, if possible.

A1077 is in the Assembly Transportation Committee.

North Dakota

North Dakota law requires drivers to move over to an adjacent lane or slow down to a “safe” speed before passing emergency vehicles. Exceptions are made for situations when safety, road, weather and/or traffic conditions do not allow.

The Senate Transportation Committee is scheduled to consider a bill March 3 that would help protect the lives of all drivers on the state’s fastest roadways. House lawmakers already voted 88-5 in favor of the bill.

Rep. Austen Schauer, R-West Fargo, previously told the House Transportation Committee many drivers in the state are unclear which types of vehicles are included in the protection.

“What it clearly doesn’t cover is a school bus, a motor coach, a tractor-trailer … or anyone else,” Schauer said.

He added that most drivers do slow down or move over for any vehicle sitting on the side of the highway with hazard lights flashing, but some do not.

His bill, HB1141, would require drivers approaching a vehicle displaying flashing hazard warning signals on a highway outside the limits of a city to move over a lane or slow down while maintaining a “safe speed for the road conditions.”

AAA welcomes pursuit for inclusion of all vehicles in move-over rules.

Gene LaDoucer of AAA told the committee each year about 350 people nationwide are struck and killed while outside a disabled vehicle.

“The underlining purpose of HB1141 is to put the unwritten rule into writing,” he said. “Doing so makes the law clearer; education efforts become much easier; enforcement is straightforward; and the safety of all road users is improved.”

Virginia

The state of Virginia could soon enact a move over rule revision.

Virginia law mandates that travelers on roadways with at least two lanes in one direction proceed with caution and, if reasonable, yield the right-of-way to emergency vehicles by making a lane change into a lane not adjacent to the stationary vehicle. If a lane change is unreasonable or unsafe, drivers must “proceed with due caution and maintain a safe speed for highway conditions.”

House and Senate lawmakers have voted to advance to the governor identical bills that would expand the protection to include any highway user along the roadside displaying hazard lights, caution signs, road flares or torches.

Senate Transportation Committee Chairman Sen. David Marsden, D-Burke, said the goal of his bill is safety for all highway users.

“If a driver pulls over to rest or for whatever reason that is going to improve their ability to operate an automobile, I think we ought to give them the courtesy of keeping them safe by having people slow down and move over,” Marsden testified.

The bills are SB982 and HB1932. LL

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