Move Over Act is Law in New York

[firedude 985]

NEW YORK (CBS 2) — A new year always brings new laws and one in New York is designed to protect emergency workers

‘Move Over Act” Goes Into Effect Saturday

From VTL:

Section 1144. Operation of vehicles approach of authorized emergency vehicle.

( a ) Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp

exhibiting red light visible under normal atmospheric condition from a distance of five hundred feet to the front

of such vehicle other than a police vehicle when operated as an authorized emergency vehicle, and when

audible signal are sounded from any said vehicle by siren, exhaust whistle, bell, air-horn or electronic

equivalent; the driver of every other vehicle shall yield the right of way and shall immediately drive to a

position parallel to, and as close as possible to the right-hand edge or curb of the roadway, or to either edge of

a one-way roadway three or more lanes in width, clear of any intersection, and shall stop and remain in such

position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer.

( b ) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive

with reasonable care for all persons using the highway.

Edited January 2, 2011 by firedude

[helicopper 1,050]

'Move Over Act" Goes Into Effect Saturday

From VTL:

Thanks for the reminder. The Ambrose-Searles Move Over Act is actually section 1144-A. Section 1144 has been the move over, dummy, there's an emergency vehicle behind you law that has existed on paper, though not in practice, for years.

New Section 1144-A below:

* § 1144-a. Operation of vehicles when approaching a parked, stopped

or standing authorized emergency vehicle. Every operator of a motor

vehicle shall exercise due care to avoid colliding with an authorized

emergency vehicle which is parked, stopped or standing on the shoulder

or any portion of such highway and such authorized emergency vehicle is

displaying one or more red or combination red and white lights pursuant

to the provisions of paragraph two of subdivision forty-one of section

three hundred seventy-five of this chapter. For operators of motor

vehicles on parkways or controlled access highways, such due care shall

include, but not be limited to, moving from a lane which contains or is

immediately adjacent to the shoulder where such authorized emergency

vehicle displaying one or more red or combination red and white lights

pursuant to the provisions of paragraph two of subdivision forty-one of

section three hundred seventy-five of this chapter is parked, stopped or

standing to another lane, 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.

* NB Effective January 1, 2011

Link to another thread on this topic http://www.emtbravo....comes-law-1111/

[M' Ave 1,466]

It's nice to see this written into law...but I doubt it will do too much good. It will be difficult to enforce and most will not be aware of the change.

The highway has to be one of the most dangerous places that emergency workers operate and that's why it's best to block as much of the road with a rig as is necessary. Flares and cones only do so much. If people can physically fit a car in any area, they'll try. Motorcycle's....forget it.....

[conman 40]

All I have to say is its about time. Ive almost been clipped too many times to want to remember.

[IzzyEng4 427]

It's nice to see this written into law...but I doubt it will do too much good. It will be difficult to enforce and most will not be aware of the change.

The highway has to be one of the most dangerous places that emergency workers operate and that's why it's best to block as much of the road with a rig as is necessary. Flares and cones only do so much. If people can physically fit a car in any area, they'll try. Motorcycle's....forget it.....

Though I agree with you on the inability to actually enforce the new law per-say it is though a good thing to have it on paper for the purpose if an emergency vehicle is enroute to a scene and is involved with an accident with another "civilian" vehicle that failed to grant the right of way. This will help more-so after the fact when it comes to apparatus accidents.

[x635 4,066]

It's great there's this new law....now they just need the cops (to clarify-PD's staffed properly) to enforce it.

Down here, they get some federal and state funding. You'll see every now and then motorcycle officers waiting to pull over offenders while the incident is in progress. Although most of the time if they can get it to the shoulder they can get it off the highway completly, which is the preffered method and why PD cars have push bumpers. Otherwise, they block the scene with as many vehicles as are available. The next State Legislative session is going to make the law even stronger, and there will be a lot of public relations and enforcement to make the point.

[jvm 0]

it's long overdue and is written law in 45 other states...Looks like they finally got 1 thing right in

albany this year

11

[SageVigiles 1,194]

I know when CT first passed this law, it seemed to me (judging by the multiple stopped MVs I saw) that they did a little "phase-in" where one Trooper would pull over an MV for a traffic violation, and another Trooper would look out for people not moving over, then stop that driver. I'd imagine if they stuck with it they could probably get a chain from one end of the state to the other.

Word of warning though, this law will NOT protect you from being hit on the road. CT had at least 2 or 3 Troopers struck last year operating at the side of the road, one of which was killed in the Line of Duty.

This is just another tool in the box to help spread the message to those a bit too thick-headed to understand common courtesy, and a way for LEOs to cite those inconsiderate drivers who get close to (or God forbid, hit) our Brothers and Sisters working on the roadside. Please remember your blocking patterns, traffic vests, signage and all that other traffic stuff we do to help PREVENT anyone from being hit in the first place.

[efermann 28]

As far as public education goes, there was a lighted sign just past the tolls on the Tappan Zee Bridge announcing the new law when I came back home yesterday.

That's a lot of drivers each day. I would assume that there are similar efforts being made at other major crossings.

[SageVigiles 1,194]

As far as public education goes, there was a lighted sign just past the tolls on the Tappan Zee Bridge announcing the new law when I came back home yesterday.

That's a lot of drivers each day. I would assume that there are similar efforts being made at other major crossings.

True, but if drivers obeyed signs we wouldn't have very many accidents to begin with... haha.

I think the best public education is for every one of us to tell our friends and families about the law, and for the Troopers to enforce it vigorously.

[OoO 24]

I wish the law came with funding for public education. There are some great slow down, move over PSA commercials on ResponderSafety.com. Perhaps another organization will foot the bill to run a campaign?

[Danger 160]

Ironically I just saw a trooper get rear ended on the Thruway at the New Paltz exit. Anyone have any info on how he made out?

[helicopper 1,050]

Though I agree with you on the inability to actually enforce the new law per-say it is though a good thing to have it on paper for the purpose if an emergency vehicle is enroute to a scene and is involved with an accident with another "civilian" vehicle that failed to grant the right of way. This will help more-so after the fact when it comes to apparatus accidents.

Wrong law. This law will do nothing for accidents while responding. This one is designed to safeguard us working a scene or on a stop at the side of the road. It now requires that motorists slow down and/or move over to give us more room.

[RescueKujo 130]

This has been on the books for 2 years out here in the Land of Fruits and Nuts (California)...however almost NO public announcement. A couple of my friends got hit with it, then sent out emails telling all their friends about it. That's how I found out. So make sure you educate your family and friends about the law....

[helicopper 1,050]

Ironically I just saw a trooper get rear ended on the Thruway at the New Paltz exit. Anyone have any info on how he made out?

No law is going to protect us from drunks and morons. Sadly, there will always be accidents but hopefully this law reduces the sideswipe kind of accident that is all too commonplace.

[JohnnyOV 2]

While operating at an accident last night on the Taconic, we had 2 of the 3 lanes shut down, leaving the left lane open for traffic to flow with no room on the shoulder to drive. I'm assuming this places the 'slow down to a prudent speed" part of the law into place, but at what speed is prudent for the given traffic conditions; 30 in a 60? 20 in a 55? 10 in a 30? Is it up to the Officers discretion for a subjective interpretation? The accident took place at 2:45am and there were barely enough cars on the road to back traffic up, but cars were "shooting the gap" sometimes at full speed. Others slowed down to 10-15 mph.

oh and for the buffs... http://www.yorktownfire.org/apps/public/news/newsView.cfm?News_ID=280

[helicopper 1,050]

The accident comes just three months after the state enacted the "Move Over" law, which requires motorists to switch into the left lane when they see a law enforcement vehicle on the shoulder of a highway with its emergency lights activated. The law was passed after two law enforcers were killed in separate incidents last year during traffic stops.

<snip>

Nigrelli said troopers have issued 70 tickets to motorists for failing to abide by the new law. Troopers earlier this month were enforcing a speed zone on Route 400 in the southtowns and had one officer specifically assigned to enforcing the Move Over law. That trooper wrote three tickets in less than 15 minutes to motorists who failed to comply.

http://www.officer.com/online/article.jsp?siteSection=2&id=57500

I guess they are addressing the enforcement issue. Doesn't help Trooper Dobson though. RIP.

[PFDRes47cue 653]

I saw this law being enforced on I90 outside of Albany. I was driving up to school and I cam across an accident that was mainly in the shoulder. A trooper and an ambulance had their vehicles blocking the right lane forcing people into the center or left lane. About 50 feet before the accident, there was a turn around with a bunch of NYS Troopers in the turn around watching the vehicles merge into the appropriate lanes. I saw two cars not merge all the ay into the left lane and they got pulled over.

This is a very good law once the public is made aware of it and once LE figures out the best way to enforce it.

[Guest alsfirefighter]

All I have to say is its about time. Ive almost been clipped too many times to want to remember.

No disrespect intended..but that is a traffic control issue not a legal one.

I will continue to perform my duties as always...cautiously and with due regard and file this law with the one that requires your headlights when you activate your windshield wipers.

[ONEEYEDMIC 68]

No disrespect intended..but that is a traffic control issue not a legal one.

I will continue to perform my duties as always...cautiously and with due regard and file this law with the one that requires your headlights when you activate your windshield wipers.

I actually enforce this law because it pisses me off when headlights aren't on! Many people break the law in bad weather because they think LEO's don't like getting wet. What's a little water when you get to see the look's on the driver's face!

[SRS131EMTFF 471]

I actually enforce this law because it pisses me off when headlights aren't on! Many people break the law in bad weather because they think LEO's don't like getting wet. What's a little water when you get to see the look's on the driver's face!

Obviously this diverts the thread but I can't imagine using my wipers without my headlights. If it is raining/sowing that hard then it will be dark enough or with a lack a visibility to warrant the use of the headlights.