Traffic Court Forum: New York strengthens ‘Move Over’ law for all highway users
By Shannon L. Malone, Esq.
New York State has fortified its “move over” law to extend protection to all road users, aligning with a nationwide trend. Effective immediately, this revision aims to safeguard motorists stranded on highways, echoing similar measures adopted by several states.
Previously, signs have warned motorists on many New York State roadways that they must pull over as far over to the left as possible when an emergency vehicle is on the shoulder of a highway.
Under Governor Kathy Hochul’s leadership, this legislative update emphasizes the paramount importance of road safety. State Senator Lea Webb spearheaded the bill, emphasizing its critical role in preventing tragedies involving stranded motorists.
The revised law mandates all vehicles on highway shoulders to be treated with equal caution, whether law enforcement, emergency responders, or stranded motorists. It’s a proactive step to ensure everyone’s safety.
Since 2012, New York has applied move over protections to cover emergency vehicles, hazard vehicles, and vehicles displaying a blue or green light. The rule requires drivers to exercise due care and change lanes when approaching the affected vehicles.
Sen. Lea Webb, D-Binghamton, wrote in a bill memo that while existing law has been effective in protecting law enforcement and emergency vehicles that are stopped on the side of roadways, “there are still tragedies each year involving other motorists that are killed or seriously injured while stopped on the shoulder to attend to an emergency.”
Gov. Hochul’s office said other vehicles stopped on the sides of highways have remained a safety hazard. From 2016 to 2020, 37 individuals lost their lives outside disabled cars in New York.
Hochul said the signing of the law is a significant step forward in reducing traffic-related accidents and ensuring the well-being of all New Yorkers.
“I want to thank Gov. Hochul for signing this legislation, which will extend safety protections to any motor vehicle that is parked, stopped, or standing on the shoulder of a parkway or controlled-access highway, increasing safety and saving the lives of New Yorkers,” Webb said in prepared remarks. “This bill will decrease the numbers of fatalities and serious injuries that occur due to crashes involving a stopped or disabled vehicle on our roadways.”
The new law took effect this month.
Shannon L. Malone, Esq. is an Associate Attorney at Glynn Mercep Purcell and Morrison LLP in Setauket. She graduated from Touro Law, where she wrote and served as an editor of the Touro Law Review. Ms. Malone is a proud Stony Brook University alumna.
