Move Over laws were originated in the United States after a South Carolina Paramedic, James D. Garcia, was struck and injured at an accident scene January 28, 1994, in Lexington, SC. Garcia was listed at fault, leading to his work to create a law to protect other emergency responders. SC's version (SC 56-5-1538) passed in 1996, and was revised in 2002
Ever since the law was adopted in Florida ten years ago, state officials have conducted awareness campaigns in February. The reason for this is that February marks the anniversary of the death of Broward Sheriff's Deputy Ryan Seguin, killed in 2006 when a car crashed into him during a routine traffic stop on Interstate 595. More than 179 U.S. law enforcement officers have been killed since 1999 after being struck by vehicles along America's highways, according to the National Law Enforcement Officers Memorial Fund. To lower that deadly toll, a new coalition of traffic safety and law enforcement groups is launching a nationwide public awareness campaign to protect emergency personnel along our nation's roadsides.
Capt. Warren Fast, who oversees FHP operations in Broward County said the awareness campaign is needed to remind drivers about the law. It may be surprising that even as this law celebrates its 10 th year in saving lives, it still remains unknown to many drivers. On all Florida’s Interstates warning signs have been placed to alert drivers of the law. However, due to space limitations on the signs, the signs fail to adequately outline exactly how the move over is executed by a driver.
"This law seems to be deficient in the minds of the public," Fast said. "A lot of them are not aware what it means even though it's been in the books for ten years."
Officials emphasized the law applies also to stopped fire-rescue trucks and tow trucks, and to city roads and streets as well as the highway.
In most Florida counties the campaign kicked off Friday morning with FHP Trooper Baker and a crew of fellow troopers picking off violators along the Sawgrass
Expressway. Baker, a 25-year-veteran, has been the victim of three on-duty accidents since 2003. In each case, he was parked on the roadside and inside his cruiser writing accident reports. Each crash caused him neck, back and lower back injuries. "You think about it all the time. You can't put your back to this traffic," the 45-year-old father of three said. "These cars are doing 60, 70, even 100 mph and you are sitting on the side of the road. You don't have any reaction time."
On Friday, it didn't take long for Baker to catch a violator on the Sawgrass Expressway near Commercial Boulevard. With his cruiser's emergency lights on, Baker parked about 100 yards behind two other troopers on the highway's shoulder who were writing speeding tickets. Within a minute, a man in a red Mazda zipped past Baker in the northbound slow lane.
When stopped, the motorist told Baker he hadn't known about the law. He was issued a ticket carrying a $165 fine. "It's very important for people to realize we have a work space, and our work space is very limited," Baker said. "When we are on the side of the road, we have no place else to go unless it's up on somebody else's car." Within two hours, the troopers handed out 17 tickets to "Move Over" violators
http://southflorida.sun-sentinel.com/news/fl-move-over-push-20120203,0,4...
The law requires drivers to give wide berth to police or emergency vehicles on the roadside, but many motorists are unaware of the law or ignore it. FHP Sgt. Kim Montes said in one year, 11 troopers have been involved in crashes during which the driver failed to vacate the lane closest to the patrol car or slow down to 20 mph less than the posted speed limit when approaching the scene. The Move Over Law, which passed during the 2002 session, requires all motorists approaching an emergency vehicle with lights flashing to change lanes away from the emergency vehicle if traveling on a multi-lane roadway and if able to do so safely. If the driver is unable to move over or is traveling on a single-lane roadway, the driver is required to slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at five miles per hour when the posted speed limit is 20 miles per hour or less
Florida Statute 316.126, Move Over Law, incorporates portions of the old law that outlined how drivers are required to move over to allow emergency vehicles to pass when they are enroute to an emergency. The new law is added with the following paragraphs:
Motorists shall:
1. Shall vacate the lane closest to the emergency vehicle or wrecker when driving on an interstate highway or other highway with two or more lanes traveling in the direction of the emergency vehicle or wrecker, except when otherwise directed by a law enforcement officer. If such movement cannot be safely accomplished, the driver shall reduce speed as provided in subparagraph 2.
2. Shall slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road, except when otherwise directed by a law enforcement officer.
In another recent incident The Orlando Sentinel reported that Motorcyclist Trooper Rodriguez, 38, is recovering from his injuries a week after a silver Hyundai driven by Brittany Mikus, 21, of Pembroke Pines shot from a center lane to the emergency shoulder on State Road 528 and struck him as was leaving the scene. He was placing materials in his saddle bag and had kicked his leg over the side of the bike, when the Hyundai veered to the left and rear-ended Rodriguez's bike, Montes said.His head landed in Mikus' windshield. Mikus was not charged with a "move-over" violation because she lost control about 50 yards before reaching the spot where Rodriguez had stopped.
The above incident could possibly illustrate that the move over law just also might be the cause of interstate accidents. Drivers, such as Mikus, could very well panic and move over too quickly without ensuring the lane is clear cutting in front of, or colliding with , another passing motorists.
A Florida Highway official has stated that we have too many first responders who are getting hit or even killed. It’s time for all agencies and first responders to come together and work to educate the motoring public. Our goal is to find effective opportunities to spread the word. The safety of our motoring public, as well as our first responders, is important. "We must find new ways to work to protect everyone on Florida’s roads and highways." said the Director of the Florida Highway Patrol.
According to a national poll by Mason Dixon Polling & Research, sponsored by the National Safety Commission:
71 percent of Americans have not heard of "Move Over" laws;
86 percent support enacting "Move Over" laws in all 50 states; and
90 percent believe traffic stops and roadside emergencies are dangerous for law enforcement and first responders.
The poll was conducted among 625 registered voters from June 23-25. The margin of error is plus or minus 4 percent. This was a Public Annoucement reported on:
Maryland state last month became the 49th state to enact a so-called "Move Over Law," requiring motorists to change lanes or slow down when approaching a stopped emergency vehicle or else risk getting a ticket. Only Hawaii and Washington D.C. do not have a move over law.
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