What is the New York Move Over Law?
Summary of New York Move Over Law
New York Move Over Law means drivers MUST use due care when approaching an emergency vehicle or hazard vehicle parked, stopped, or standing on or beside the roadway.
Due care means drivers MUST over one lane from the stopped vehicle when reasonable and safe on parkways or controlled access highways. (§ 1144.)
The Purpose of the New York Move Over Law
It is essential to learn about New York’s Move Over Law. Mainly because the safety of officers and crews working on the side of the road depends on drivers obeying the law, but also because the law is a common subject on the DMV driver’s license test.
As you probably understand, the law exists to provide a safer environment for officers, emergency personnel, and maintenance workers who are stopped along the side of highways. When their vehicles are close to moving traffic, accidents can be prevented by leaving more room for them to operate.
Every year, officers, firefighters, and tow truck operators are killed because drivers fail to give them enough room.
The Meaning of the Move Over Law
The law says you must exercise due care to avoid colliding with an authorized emergency vehicle parked, stopped, or standing on the shoulder or any portion of a highway and displaying any combination of flashing blue, red, and white lights.
This also applies to any hazard vehicle, like a tow truck displaying one or more amber lights.
In 2017, the law was expanded to include a vehicle parked, stopped, or standing on the shoulder or any portion of the highway and displaying a blue or green light.
In other words, the law includes all authorized vehicles performing any duty on or beside the road and displaying white or colored flashing lights. It applies when the vehicle is stopped on any part of the roadway or shoulder, not just the shoulder on the right.
Remember, authorized vehicles aren’t just police vehicles, fire trucks, and ambulances. The law also includes construction and maintenance vehicles and tow trucks.
What Does “Exercise Due Care” Mean?
Due care refers to the level of reasonable prudence and activity that a person would be expected to exercise under certain circumstances and when looking out for the safety of others.
On parkways or controlled access highways, “due care” generally means moving from the lane immediately adjacent to the shoulder where the vehicle is stopped. But only if it is safe to do so – and only if such a move complies with other rules and statutes.
What to Do
If you are driving in the right lane on a multi-lane highway with a stopped law enforcement vehicle ahead, check if it is safe to change lanes. Don’t forget to check your blind spot.
Move over to the next lane if you can do so. Adjust your speed if necessary.
If it isn’t possible to move over, you must slow down to a speed safe for people on or beside the road. Be alert and make sure you can stop quickly if needed. The closer you drive to the stopped vehicle, the slower you must go. Watch for vehicle doors opening.
A rule of thumb is to slow down at least 20 mph below the posted speed limit – this is also the law in some other states.
When driving on a two-lane, two-way roadway, you may pass on the left side of the road if safe and not prohibited by signs or pavement markings.
If there is a solid yellow line on your side of the roadway, you cannot go across except to turn left to enter or leave the highway (§ 1126). You are, in other words, prohibited from moving over to the left side on such roadways. In this situation, you must stay in your lane and slow down.
If the road is blocked, be prepared to stop, and wait for instructions. Keep a safe distance from stopped vehicles, and don’t drive onto the shoulder and park your car.
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