On Jan. 17, 'Move-Over' law to also include stopped vehicles of volunteer firefighters and EMS
Press release from the Genesee County Sheriff's Office:
The Governor has signed into law amendments to the Vehicle and Traffic Law extending the current "Move-Over" law which require drivers approaching stopped police, emergency or hazard vehicles with their lights flashing to slow down and, if on a divided highway, to move over at least one lane away from that vehicle if traffic conditions allow. Below is a summary of these amendments, which become effective Jan. 17 (180 days after new law was signed).
It is important to understand that the purpose of this law is to increase the safety of those people who are working on the shoulder and along the edge of the road. Slowing down and putting distance between your passing vehicle and people in close proximity to any road increases the time you have to react.
However, moving over should never endanger others on the highway. Sudden movement or braking in an attempt to "move over" when it is not safe to do so must be avoided. When you see emergency or hazard lights ahead, immediately assess the traffic around you and plan a safe and gradual movement while using proper signals.
Our roads and highways are a wonderful convenience but they are also one of the most dangerous places to be. Please put away all distraction and concentrate on the very serious task of driving.
Chief Deputy Gordon Dibble
From the Law Offices of Mark C. Butler, PLLC, Williamsville
Client Advisory Regarding New "Move Over" Law for Parked, Stopped or Standing Vehicles Displaying a Blue or Green Light:
Dear Client:
Yesterday (July 21) the Governor signed into law amendments to the Vehicle and Traffic Law ("VTL") extending the current "Move-Over" law, which requires drivers approaching stopped police, mergency or hazard vehicles with their lights flashing to slow down and, if on a divided highway, to move over at least one lane away from that vehicle if traffic conditions allow.
The new provisions extend that law to vehicles operated by volunteer firefighters and volunteer ambulance workers involved in roadside emergency operations, which are displaying revolving blue or green lights as authorized by law.
The law amends three sections of the VTL, principally section 1144-a by creating a new subsection (c) that requires in relevant part "Every operator of a motor vehicle shall exercise due care to avoid colliding with a vehicle displaying a blue light ... or a green light ... which is parked, stopped or standing on the shoulder or any portion of such highway. For operators of motor vehicles on parkways or controlled access highways, such due care shall include, but not be limited to, moving from a lane which contains or is immediately adjacent to the should where such vehicle displaying a blue light or a green light ... [that] is parked, stopped or standing to another lane..."
(The new law is included in Chapter 97 of the Laws of 2016.)
The letter continues...
Our counsel is that this new law should be read narrowly: that it applies ONLY to fire and EMS vehicles with an authorized blue or green light as the case may be which are PARKED, STOPPED or STANDING. This law does NOT apply to such vehicles while moving!
As with the original "Move-Over" law, a violation can result in a fine between $150 and $400 and/or up to 45 days imprisonment as well as DMV administrative penalities.
