Action continues at statehouses from coast to coast to revise move-over laws.
Such rules have been in place in all states for more than a decade. Many states have since expanded their protections for emergency vehicles. Revisions include coverage for vehicles such as road service, utility and tow trucks.
The Owner-Operator Independent Drivers Association and others have long advocated to include large trucks and others in the commonsense rule.
According to the National Highway Traffic Safety Administration, about 3,500 people were killed in crashes nationwide while standing outside of disabled vehicles over a recent 10-year period.
In recent years, a growing number of states have made a point to cover all highway users under move-over laws. Half of all states now include every highway user in their protections.
Kansas and West Virginia already acted this year to amend move-over rules to cover all highway users. Two more states have since followed suit.
California
California Gov. Gavin Newsom signed into law a bill to revise the state’s move-over rule.
State law has required a driver approaching a stationary emergency vehicle, tow truck or Caltrans vehicle displaying flashing hazard lights to move over or slow down.
The new rule expands the requirement to apply to all marked highway maintenance vehicles and any other stationary vehicle displaying flashing hazard lights or “another warning device” that could include cones, flares or retroreflective devices.
Supporters said the rule revision is overdue. Assembly member Lori Wilson, D-Suisun City, cited AAA Foundation for Traffic Safety research that showed in 2021, there were 72 truck drivers, delivery workers, motorists and passengers among those killed while outside of disabled vehicles on California highways.
Additionally, between 2013 and 2022, California had the second-highest total number of people killed outside disabled vehicles. The state ranked first in the nation for most killed in 2017, 2018, 2020 and 2021.
The new rule takes effect on Jan. 1, 2026.
New Hampshire
In New Hampshire, Gov. Kelly Ayotte has signed into law a change to move-over statute.
Current rules require drivers to slow down, move out of lanes that are partially or wholly blocked and “give plenty of space” to emergency response vehicles displaying red, blue or amber lights.
The rule revision adds language to cover vehicles stopped with flashers on or other warning signals that include road flares or traffic cones.
Sen. Donovan Fenton, D-Keene, said the rule change would enhance the existing law. He added that it would clarify motorists’ responsibilities when encountering a stopped or standing vehicle on the roadside.
The New Hampshire State Police backed the bill.
“We urge everyone to prioritize safety by paying attention, slowing down and moving over for those working or stopped on the side of our roads,” Colonel Mark Hall stated following the bill’s Senate passage.
The rule revision takes effect Sept. 13.
Massachusetts
In neighboring Massachusetts, a Senate bill would add to the list of vehicles covered under the state’s move-over rule.
State law mandates that drivers change lanes or reduce speed when approaching stationary emergency, maintenance or recovery vehicles with flashing lights on highways.
S2547 would add a utility vehicle and a disabled vehicle to the list of protected vehicles. A disabled vehicle would be defined as a nonemergency vehicle that is stationary and located on the shoulder or breakdown lane of a roadway or highway.
The bill has advanced from the Senate Transportation Committee to the Senate Ways and Means Committee.
New Jersey
A bill halfway through the New Jersey statehouse would revise the move-over rule.
Garden State law includes protection for any vehicle along the roadside. Specifically, drivers are required to move over or slow down when approaching a stationary vehicle with flashing hazard lights, road flares or reflective triangles. If changing lanes is not possible, drivers must slow down “below the posted speed limit.”
Only stationary emergency services, highway maintenance, tow trucks and sanitation vehicles are protected.
In December, Assembly lawmakers approved a revision. A4813 would require drivers to move over or slow down for any stationary vehicle regardless of whether it utilizes flashing, blinking or alternating lights, flashing hazard lights, road flares or reflective triangles.
In May, the Senate Transportation Committee unanimously approved the bill. It awaits Senate floor consideration once the summer recess concludes Sept. 9. If approved by the full chamber without changes, A4813 would head to the governor.
Ohio
An Ohio Senate bill would include any stationary vehicle in “distress” under the state’s move-over rule protection.
Public safety vehicles, emergency vehicles, certain utility vehicles and weight-enforcement vehicles are among the vehicles protected in the move-over rule. Affected vehicles are protected when stationary and displaying flashing, oscillating or rotating lights.
Sponsored by Sen. Steve Wilson, R-Maineville, SB16 states 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.”
“There is a lot of data showing a rise in accidents and fatalities related to distressed vehicles,” Wilson said in previous remarks. He added that his legislation “will prevent more of these accidents and save lives.”
The bill is in the Senate Transportation Committee. LL
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