New York’s Move Over Law (NY VTL 1144-A) Expanded

The Move Over law has been in effect for 8 years but we still regularly hear from clients that they have no idea about it. Now this law has been expanded so we write to educate all our subscribers so they can hopefully avoid getting this 2-point ticket. New York’s “Move Over Law” (VTL 1144-A[a]) mandates that drivers slow down and, if possible, change lanes to provide space for emergency and hazard response vehicles stopped on the side of the road (or disabled). While initially limited to protecting law enforcement officers and emergency responders, recent changes in legislation have expanded its scope.

What’s New in the Move Over Law?

Starting March 27, 2024, New York’s move over law now extends to all vehicles stopped on the roadside, regardless of whether they are emergency, hazard, or personal vehicles.This means that anyone passing a person or vehicle stopped on the side of the road (or disabled in another lane) must change lanes to avoid passing them in the immediate adjoining lane (and, if not possible, must slow down).  In signing this law, Governor Hochul emphasized that “The safety of all New Yorkers is my top priority, especially those pulled over to the side of the road.”

The expansion is a response to troubling statistics: nearly 300 drivers are killed nationwide each year while stopped on the roadside, and New York alone saw 37 fatalities involving individuals outside their disabled vehicles between 2016 and 2020. By extending the Move Over Law to cover all vehicles, New York aims to prevent such tragic incidents. The expanded move over law aims to reduce roadside collisions and enhance safety for everyone on New York’s highways. With a few tragic and high profile accidents in the news recently, our law firm has encountered quite a few upstate New York traffic courts that refuse to plea bargain move over violations (and stiffer fines for violations).

Understanding the Move Over Law

The full text of New York Vehicle and Traffic Law Code 1144-A may seem detailed, but the concept is straightforward:  When a driver approaches any vehicle stopped on the side of the road—whether it’s a police car, a tow truck, or now, even a personal vehicle—they must: Move Over to an adjacent lane if it is safe to do so, or Slow Down to a reasonable speed if changing lanes is not possible. Clearly, creating more distance from people and disabled vehicles offers more protection to individuals on the side of the road for whatever reason.

Consequences of Violating the Expanded Move Over Law

Violations of the Move Over Law remain serious, with potential penalties including:

• Two points on your driving record.
• A Fine and Surcharge of up to $150 and $88 respectively.

Further, there are potentially additional penalties if your failure to move over results in death or personal injury.  In some instances, you can also be charged with failing to yield to a pedestrian, a 3-point moving violation. Further, your insurance rates can go up when you are involved in a serious motor vehicle accident. Whenever you are involved in an accident involving a fatality or serious injury, you must file a Department of Motor Vehicles (DMV) accident report (MV-104 form) within 10 days pursuant to VTL Section 605. Failure to do so, can lead to a suspension. Most importantly, under VTL Section 510(3) of the VTL, the DMV will schedule a hearing to investigate whether and to what extent the accident was your fault. If it determines you are culpable, you can have your license suspended or even taken away. Beyond the potential impact on your driver’s license, an owner and operator of a motor vehicle involved in an accident is subject to a civil lawsuit for monetary damages. For all these reasons, it is a good idea to give as wide a berth as possible to stopped vehicles and individuals in any driving situation.