Georgia’s Move Over Law is a traffic statute designed to protect emergency, utility, and roadside assistance personnel. It establishes clear duties for drivers when approaching stationary vehicles with flashing lights on the state’s roads, as it aims to prevent accidents and safeguard those working in vulnerable roadside environments.
What Georgia’s Move Over Law Requires
At its core, Georgia’s Move Over Law, found in O.C.G.A. § 40-6-16, mandates that drivers exercise caution when approaching specific types of stationary vehicles displaying flashing lights.1Justia. Georgia Code § 40-6-16 (2024) – Procedure for passing certain stationary vehicles The statute requires motorists to create a buffer of space for the safety of individuals working on or near the roadway. This applies to police, firefighters, and other emergency responders, as well as utility and maintenance crews. The law’s primary objective is to reduce the risk of injury or death for these workers. By requiring drivers to alter their course or speed, the regulation seeks to minimize the chances of a collision with the stationary vehicle or the personnel around it.
Vehicles Covered Under the Move Over Law
The protections of the Move Over Law are extended to several categories of vehicles when they are stationary and displaying appropriate warning lights. This includes authorized emergency vehicles such as police cars, fire trucks, and ambulances that are using flashing red, blue, or white lights. The statute also explicitly covers stationary towing and recovery vehicles, as well as highway maintenance vehicles, that are displaying flashing amber, yellow, or red lights. Utility service vehicles and sanitation vehicles using flashing amber lights are also included.
How to Comply with the Move Over Law
To comply with the law on a highway with two or more lanes moving in the same direction, a driver must make a lane change into a lane that is not directly next to the stationary emergency or service vehicle. This action should only be taken if it is possible to do so safely and legally.
If changing lanes is not possible because of traffic, road configuration, or other safety concerns, the law provides an alternative. In this situation, or on a two-lane road, the driver must reduce their speed to what is reasonable and proper for the conditions. This speed must be less than the posted speed limit, and the driver should be prepared to come to a complete stop if necessary.
The term “reasonable and proper speed” is not defined as a specific number but requires driver judgment. It means slowing down enough to react to any sudden movements by workers or changes in the roadside situation.
Consequences of a Move Over Law Violation
Failing to adhere to Georgia’s Move Over Law can lead to significant penalties. A violation is considered a misdemeanor offense, with fines varying based on the type of vehicle involved. For violations involving stationary authorized emergency vehicles like police cars or fire trucks, the fine can be up to $500. If the incident involves a towing, highway maintenance, or utility service vehicle, the fine is a maximum of $250.
Beyond the immediate fine, a conviction results in three points being assessed against the driver’s license.2Georgia Department of Driver Services. Points Schedule In Georgia, accumulating 15 points within a 24-month period leads to a license suspension.3Justia. Georgia Code § 40-5-57 (2024) – Suspension or revocation of license of habitually negligent or dangerous driver; point system These points can also trigger substantial increases in automobile insurance premiums, as insurers may view the violation as an indicator of risky driving behavior.