Although NJ’s Move Over Law was enacted in March 2009, it lacks the bite of the NY Move Over Law.
New York’s Move Over Law
Enforcement of the original New York Ambrose-Searles Move Over Law began on January 1, 2011. It requires motorists to proceed with caution to avoid an accident when approaching an emergency vehicle stopped or standing on the shoulder of a road with its emergency lights flashing. In a multi-lane highway, a driver must slow down and move over to create a safe distance for the emergency vehicle. In a single lane road, VTL 1144-a requires motorists to slow down and exercise caution.
The newly expanded New York Move Over Law effective January 1, 2012 extends the same caution requirements to tow trucks, HELP trucks and any vehicles being used in the construction or maintenance of roadways.
Violation of New York’s Move Over Law carries a fine of up to $275 plus court surcharge, possible jail sentence of up to 15-days and three points added to your DMV driving record.
New Jersey Move Over Law
New Jersey Statute 39:4-92.2 requires drivers approaching stationary emergency vehicles, tow trucks, highway maintenance vehicles or any other authorized safety personnel to use “due caution”.
NJ’s Move Over Law mandates that motorists should change into a lane not adjacent to the authorized emergency or safety vehicle. If changing lanes is not possible because there is no lane or it is unsafe to do so, then the driver approaching a emergency, maintenance or safety vehicle should slow down to a reasonable and proper speed which is less than the posted speed limit. The driver should also be prepared to stop.
The punishment for violating NJ’s Move Over Law is a fine up to $500 ($100 – $500) and two points on your driving record.
The Rosenblum Law Firm has been successfully helping drivers combat their NY Move Over Law tickets for years. Our staff of aggressive attorneys await are prepared to answer your questions. Email or call 888-883-5529.