Move over law

Move over law

A move over law is a law which requires motorists to move over and change lanes to give safe clearance to law enforcement officers. In the past, Canada and United States have used this term to apply to two different concepts; however, this is beginning to change as Canadian provinces have begun expanding the scope of their move over laws.

Move Over Laws in Canada

In Canada, the move over laws are intended to encourage the fast response of emergency vehicles. These laws require motorists, upon noticing an incoming emergency vehicle (coming from any direction) with sirens or flashing lights operating, to move to the farthest right lane/shoulder and stop, until the vehicle has passed the vicinity. The Province of Ontario's Ministry of Transportation and the Province of Saskatchewan's Ministry of Highways and Infrastructure were the first to implement move over laws.[1] Now Prince Edward Island, Manitoba, Alberta, New Brunswick, British Columbia, and Nova Scotia have move over laws in place.

In 2005, the government of Alberta expanded the scope of the province’s move over laws. Amendments were made to the province’s Traffic Safety Act to require drivers to either slow down or move over when passing emergency vehicles or tow trucks stopped on the side of a highway when their "flashing lamps are operating."[2] The maximum speed for passing stationary emergency vehicles or tow trucks was set at 60 kph, and the fines for exceeding that speed were doubled.[3]

Move Over Laws in United States

Move Over laws were originated in the US after a South Carolina Paramedic, James D. Garcia, was struck and injured at an accident scene Jan. 28, 1994, in Lexington, SC. Garcia was listed at fault, leading to his work to create a law to protect other emergency responders. SC's version (SC 56-5-1538) passed in 1996, and was revised in 2002.

After a series of similar events across the US in 2000, the US Dept of Transportation and Federal Highway Administration began to address the issue of Emergency Scene Safety, and issued recommended changes for the new MUTCD (Manual of Uniform Traffic Control Devices) that finally addressed the need for improved standards and protection for Emergency Workers. With the further assistance of public interest groups such as the Emergency Responder Safety Institute (www.respondersafety.com), "Move Over Laws" became standard across the US and Canada.

[4]

In United States, the move over laws are aimed at protecting emergency responders working along the roadside. Forty-nine U.S. states have passed move over laws, which were promoted in response to increasing roadside fatalities in the line of duty. The law require drivers, upon noticing either emergency vehicle with sirens or flashing lights, to move away from the vehicle by one lane, or if that is not possible, slow down by 20 mph (32kmh) below the posted speed limit. This includes law enforcement vehicles, fire trucks and ambulances.

Currently, only Hawaii and Washington, D.C. do not have move over laws. On June 17, 2009, Connecticut Governor M. Jodi Rell signed House Bill 5894, establishing a Move Over requirement in the state. Connecticut's Move Over law took effect on October 1, 2009.[5][6] On August 13, 2010, New York's governor signed a move over law to take effect 1/1/2011. Maryland's move over law provisions, which were approved by Governor O'Malley on May 20, 2010, came into effect on October 1, 2010.[7][8]

References

  1. ^ Ministry of Transportation (Ontario) Public Notice
  2. ^ Traffic Safety Act, R.S.A. 2000, c. T-6, s. 115(2)(t) and s. 115(4)
  3. ^ Part 28.1 of the Procedures Regulation, Alta. Reg. 233/89 (pursuant to the Provincial Offences Procedures Act, R.S.A. 2000, c. P-34
  4. ^ [1]
  5. ^ Governor Rell signs ‘move over’ bill into law, Stamford Plus, June 17, 2009
  6. ^ HB 5894 AN ACT ESTABLISHING A "MOVE OVER" LAW IN CONNECTICUT. Connecticut General Assembly, Accessed July 2, 2009
  7. ^ An Act concerning Motor Vehicles - Approaching Emergency Vehicles and Personnel
  8. ^ NEW MOVE OVER LAWS TAKE EFFECT OCTOBER 1

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