Move-over rules exist in all states. Through the years, states have applied move-over protections for emergency personnel. As time passed, many states expanded their protections to apply to vehicles that include road service, utility and tow trucks.
Groups that include the Owner-Operator Independent Drivers Association have long advocated to include large trucks and others in the commonsense rule.
In recent years, the trend has been to revise rules to apply protections for all highway users. About half of all states now cover every highway user in their move-over law.
During the opening weeks of work this year at state legislatures across the country, state lawmakers in multiple states are again looking to continue to amend rules.
New Jersey
One year removed from making a move-over rule change, New Jersey state lawmakers are looking to make another revision.
Garden State law previously included protection for stationary emergency services, highway maintenance, tow trucks and sanitation vehicles.
The 2024 law expanded protections to apply to 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.”
Violators face fines between $100 and $500.
The Assembly has voted to advance another revision. The bill, A4813, would require drivers to move over or slow down for any stationary vehicle regardless of whether the vehicle is displaying flashing, blinking or alternating lights, flashing hazard lights, road flares or reflective triangles.
The bill has moved to the Senate Transportation Committee.
Kansas
In Kansas, the Senate Transportation Committee voted Tuesday, Jan. 28, to advance a bill to amend the state’s move-over rule.
Statute requires travelers to move over or slow down when approaching stationary vehicles that include law enforcement, emergency responders and utility vehicles with lights flashing along roadsides.
SB8 would expand the rule to include any stopped, standing or parked vehicle displaying hazard lights, road flares, traffic cones, reflective triangles or other caution signals.
Violators would face $75 fines.
Kansas Highway Patrol Colonel Erik Smith told the committee the law takes a commonsense approach to remedying an unsafe situation.
“We also believe that making Senate Bill 8 law would strengthen our other move-over laws, as it aligns our message across the board: If you see flashing lights, move over and slow down,” Smith testified.
The bill awaits further Senate consideration.
Oklahoma
One Oklahoma bill would alter the move-over law.
Since 2019, state law has applied move-over protections to any vehicle displaying flashing lights, including hazard lights. If moving over is not possible, approaching drivers are instructed to slow to “a safe speed for the existing road, weather and traffic conditions.”
First-time offenders face $1,000 fines. Repeat offenses could result in fines up to $2,500.
HB1272 would allow first-time offenders to complete a state work zone awareness program to avoid a fine. Program participation costs $75.
Arizona
An Arizona Senate bill opens the door to a possible revision to the state’s move-over rule.
Since 2005, statute requires drivers to move over one lane, or to slow down if changing lanes is not possible, when approaching and passing any vehicle with flashing lights pulled to the side of a road or highway.
Among the vehicles covered under this protection are emergency vehicles, including tow trucks and maintenance vehicles.
The Arizona Department of Transportation is required to include educational information relating to the law in driver education programs and examinations.
SB1059 calls for establishing an eight-person study committee to determine the effectiveness of the existing rule. The group would also determine whether additional promotion and education is needed to increase effectiveness and additional safety measures.
Once complete, legislation would be proposed to address issues identified by the committee.
The bill is scheduled for consideration this week in the Senate Public Safety Committee. LL
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