The Move Over Law
What is the Move Over Law (NY VTL § 1144A)? New York Vehicle and Traffic Law Section 1144A requires drivers who approach a police, emergency, or hazard vehicle stopped on the shoulder of the road with its lights on to move out of the lane immediately adjacent to the shoulder where the authorized vehicle is stopped. Lights mounted on top of these vehicles may vary in color from amber, green, red, blue, or a combination of these.
What is a police, emergency, or hazard vehicle?
The law applies to police, ambulance, fire trucks, tow trucks, and roadway construction and maintenance crews. As of November 2016, the law also includes sanitation vehicles.
What if I cannot move over? What the law says.
Questions may arise, like: “What if I couldn’t move over in time?” “What if moving over could have caused an accident or I would have crossed double yellow lines?” These are all valid points, and the concluding wording of NY VTL § 1144a gives the answer. It states: “…provided that such movement otherwise complies with the requirements of this chapter including, but not limited to, the provisions of sections eleven hundred ten of this title and eleven hundred twenty-eight of this title.”
NYS VTL § 1110 requires drives to obey traffic control devices. If moving over would cause a driver to be out of compliance with a road marking, sign or lines – a driver does not have to move lanes. The lane change law (NY VTL § 1128) is written with language that makes changing lanes subjective to a driver’s judgement. In other words, the officer cannot be objective and say that it would have been reasonable to move over. This application of the law can work greatly in a driver’s defense.
Being found guilty of NY VTL § 1144A is a 3-point violation. Violations of § 1144A (a-c) are 2-points. Officers may also ticket a driver for additional violations that will incur additional points. Remember, vehicle insurance premiums are factored differently than points on a driver record. Any ticket a driver is found guilty of may increase his or her insurance premiums.
Traffic situations that result in driving delays can be aggravating in this fast-paced world. Keep in mind thought that The Ambrose-Searles Move Over Act was enacted in 2011 in honor of the law enforcement officers killed doing their job, while stopped on the side of the road.
Have you recently been ticketed with a violation of the Move Over Law? The Claro Law Firm focuses in traffic law. Elisa Claro, Esq. is an experienced traffic lawyer who has handed thousands of traffic cases. As such, Elisa’s experience as a traffic attorney gives her familiarity with many of the police officers, assistant district attorneys, and city, town, and village prosecutors. Make the right decision in hiring our traffic ticket law firm – which could save you a substantial amount of money in increased auto insurance premiums, fines, fees and points which become a permanent part of your driving record. Call The Claro Law Firm today at 917 300-3334 or visit us online.