Move-Over Laws: Making Way for First Responders

Most drivers know to pull over when an ambulance or police car is approaching with lights flashing and sirens blaring. But what exactly does the law require of drivers when emergency vehicles need to get through traffic or are already on-location at a roadside emergency? This article covers the specifics of the laws ("move-over" laws) and the penalties for violations.

What Are Move-Over Laws?

When first responders are dealing with an emergency, the last thing they need is a traffic jam. To prevent this from happening, all states have move-over laws. Move-over laws focus on clearing a path for emergency services personnel making their way to emergency scenes and ensuring first responders have enough space to do their jobs effectively.

But how do move-over laws achieve these goals? By imposing duties on drivers to get out of the way and stay clear when first responders are en route to an emergency or already working at the location of an accident or emergency.

What Do Move-Over Laws Say About Yielding and Making Room for Emergency Vehicles?

Move-over laws tell drivers what procedures to follow when in the vicinity of first responders (and sometimes highway workers) attending to emergencies or other official business.

Pulling Over for Police, Firefighters, and Ambulances

Generally, move-over laws require drivers to pull over when first responders are en route to an emergency and their lights and sirens are activated. More specifically, move-over laws typically say drivers must:

• always yield the right-of-way to emergency vehicles
• park on the right side of the road when an emergency vehicle is approaching, and
• stay parked at the side of the road until all emergency vehicles have gone past.

Drivers are normally responsible for following these rules anytime an emergency vehicle approaches with its lights and sirens on.

Driving Past Emergency and Roadwork Vehicles

Most states have move-over laws that also require drivers to change lanes or slow down when approaching an emergency vehicle that's parked on a roadway with lights flashing. In many states, these requirements apply to law enforcement patrol cars, ambulances, firetrucks, and roadwork and utility service vehicles.

Some states even require drivers to change lanes so that no vehicles pass in the lane closest to the emergency vehicle. In these states, if it's unsafe to change lanes, the driver must reduce his or her speed and prepare to stop. In other states, drivers are just required to slow down when approaching one of these emergency or maintenance vehicles.

What Are the Penalties for a Move-Over Violation?

Generally, the penalties for a move-over ticket are similar to those for other traffic violations. In most cases, a move-over ticket is an infraction or a misdemeanor. Convicted motorists will have to pay a fine and might end up with demerit points on their driving record.

In some states and in some situations (like where the driver causes an accident), a move-over violation can lead to other penalties such as jail time and license suspension.

How Can I Beat a Move-Over Law Ticket?

If you're considering fighting a ticket in court, consulting with a traffic attorney first is a good idea. A qualified traffic attorney can review your case and help you decide on the best course of action. Below, we cover some basics of fighting a move-over ticket.

Read Your State's Move-Over Law

The specifics of move-over laws vary by state. So, the wording of your state's law should guide how you think about defenses. If your situation doesn't line up with how state law defines the offense, you might have a good defense to use in traffic court.

The Emergency Services Vehicle Did Not Have its Lights Activated

A driver's duties to move over or park to the side of the road are generally triggered when an emergency services vehicle has its lights activated. For instance, Georgia's move-over law requires drivers to change lanes or slow down when "approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights ...." (Ga. Code Ann. § 40-6-16 (2024).)

So, for most move-over tickets, you'll have a good defense if the emergency services vehicle didn't have its lights on when the alleged violation occurred.

It Wasn't Possible to Safely Pull Over or Change Lanes

Move-over laws generally have provisions that excuse a driver for not pulling over or changing lanes when it wasn't safe to do so. For example, Florida's move-over statute generally requires drivers to move to an adjacent lane when approaching a parked emergency vehicle. However, drivers can just slow down and proceed with caution if changing lanes "cannot be safely accomplished ...." (Fla. Stat. Ann. § 316.126 (2024).)

What's safe in a given situation is a judgment call. However, if you're ticketed for not changing lanes, you can at least try to show that it wasn't safe to move over because of the existing circumstances.