Every state has some version of a “move over” law. That’s important to remember if you’re going on a road trip anywhere in the country this summer. These laws generally require drivers to move over at least one lane, when possible, when there’s some kind of activity on or near the road, like police officers who have stopped a driver or tow truck workers helping a stranded motorist.
Florida’s Move Over law was amended at the beginning of this year to include more circumstances under which drivers need to get over a lane or slow their speed to at least 20 miles per hour under the posted limit. It used to apply any time tow trucks, first responders or municipal vehicles were stopped. Now it applies any time a vehicle is stopped on the side of the road if they have their hazard lights on or are displaying some other kind of emergency signal.
Anyone standing outside a vehicle can be at risk
The dangers are very real. According to AAA, an average of 350 drivers were fatally injured annually from 2016 to 2020 while standing outside their vehicles.
Tow truck drivers are at particular risk. According to AAA, the fatality rate for these workers is 43 for every 100,000. Others are seriously injured. The owner of one towing company in Stuart says that he was injured and the driver he was helping was killed when a truck hit the two as they were outside the vehicle, which had run out of gas.
What are the penalties for violating the law?
Anyone who is caught failing to abide by the law can be fined $158. There are already calls for law enforcement to strictly enforce the expanded law. Since these officers are among those most at risk, it seems likely that they will.
In addition to the fine, you can also get points added to your driving record and face an increase in insurance premiums. If you believe that you’re wrongfully facing a citation for allegedly violating the Move Over law, it can be worthwhile to get legal guidance to challenge it.
