The New York Move Over Law has been expanded and as of January 1, 2011 will require drivers to move over or slow down for what the statute calls “hazard vehicles” such as tow trucks that are stopped and display amber lights.
Failure to Move Over for Emergency Vehicle
& "hazard vehicles"
The law requires drivers approaching
a stopped emergency vehicle and other vehicles, such as tow trucks, with its lights on to slow down. In addition, if
you are driving in an adjacent lane you must move over, so long as you can do
so safely.
The law is named
after two officers who were killed while stopped on the side of the road. In a
recent television interview, a New York State Police sergeant said they were
enforcing the law "vigorously" and had issued hundreds of
tickets from January to the present time.
The New York Move Over Law (VTL 1144-a) is considered a moving violation that is punishable by
three points on your
license and up to a $275 fine. It is often the case (but not always) that a
driver that is stopped and ticketed for this violation is hit with other
tickets which may include:
All of these violations
also carry fines of various amounts. If you reach six points within 18 months,
you must pay an additional fine called a Driver Responsibility Assessment. If
you rack up 11 points within 18 months, the New York Department of Motor
Vehicles (DMV) will suspend your license.
An Attorney May Help You
to Reduce Points and Fines
Contesting a Move Over Law ticket in the State of New York can be difficult and very time-intensive. It
can be difficult to successfully eliminate the points by taking the case to
trial because in the vast majority of instances the traffic court judge will
take the word of the police officer.
The good news is that an
experienced New York traffic attorney can negotiate with the prosecutor
to reduce points and fines. A reduction in points
can prevent increased auto insurance. An attorney can even help you reinstate your license if you had your
license suspended.
VTL 1144-a
Mover Over Law
§ 1144. Operation of vehicles on approach of authorized emergency vehicles.
(a) Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle other than a police vehicle or bicycle when operated as an authorized emergency vehicle, and when audible signals are sounded from any said vehicle by siren, exhaust whistle, bell, air-horn or electronic equivalent; the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to the right-hand edge or curb of the roadway, or to either edge of a one-way roadway three or more lanes in width, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer.
(b) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with reasonable care for all persons using the highway.
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We can help. For help with a New York Move Over ticket or any other matter, call us now at 1-888-883-5529 or send us an email about your case.
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others near the following roads: Palisades Interstate Parkway, US 6, US 9 W, US
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