You may have seen signs on the highway declaring Move Over. It’s the Law. What does that mean? Do you know what the law requires you to do when you are driving and approach an authorized stationary emergency vehicle, tow truck, highway maintenance or emergency service vehicle? If not, you should be aware that on January 27, 2009, then-Governor Jon S. Corzine signed into law a bill that requires drivers approaching stationary emergency vehicles, tow trucks and other highway safety vehicles displaying certain flashing lights to move over one lane or, if not safe to move over, then to slow down below the posted speed limit. This is known as the New Jersey Move Over Law. This traffic safety law was written to protect emergency personnel. The law also aims to increase safety on the roadways and to reduce the number of injuries and fatalities that can occur when you are approaching an emergency situation on the roadway.
The specific New Jersey Statute section is 39:4-92.2. The actual statute reads as follows:
New Jersey Statute 39:4-92.2
Procedure for motorist approaching stationary authorized emergency vehicle, tow truck, highway maintenance or emergency service vehicle.
1. a. The operator of a motor vehicle approaching a stationary authorized emergency vehicle as defined in R.S.39:1-1 that is displaying a flashing, blinking or alternating red or blue light or, any configuration of lights containing one of these colors, shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a law enforcement officer, proceed as follows:
(1) Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or
(2) If a lane change pursuant to paragraph (1) of subsection a. of this section would be impossible, prohibited by law or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.
b. The operator of a motor vehicle approaching a stationary tow truck as defined in section 1 of P.L.1999, c.396 (C.39:3-84.6) that is displaying a flashing amber light or a stationary highway maintenance or emergency service vehicle that is operated by the State, an authority or a county or municipality and displaying flashing yellow, amber, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a law enforcement officer, proceed as follows:
(1) Make a lane change into a lane not adjacent to the tow truck or highway maintenance or emergency service vehicle if possible in the existing safety and traffic conditions; or
(2) If a lane change under paragraph (1) of subsection b. of this section would be impossible, prohibited by law or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.
c. A violation of this section shall be punished by a fine of not less than $100 and not more than $500.
So, the next time you are driving in New Jersey and see a stationary authorized emergency vehicle, tow truck, highway maintenance or emergency vehicle, you should make sure to follow this law. Keep in mind that if you do not move over or slow down, you could be punished with a fine of $100 to $500. In this economy, that’s a lot of money. No points will be assessed for the offense, however, you also need to keep in mind that when the state refers to “points” it means points added to your New Jersey driving record. It does not mean that your insurance company won’t assess points to your driving record with that insurance company. This means that if you get a ticket for breaking this the Move Over Law, there is a chance that your insurance rates could go up. The moral of the story is always drive safely and be sure to obey the New Jersey Move Over Law as well as all other laws. If you have any questions about this law, or if you have been injured as a result of an accident or incident where someone violated this law, please contact me.
Stephen Di Stefano is an attorney in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Di Stefano.