“move-over-laws” as of 8/25/11 state police/ems/tow trucks ... · pdf filestate...

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“MOVE-OVER-LAWS” CHART As of 8/25/11 Information provided by AAA State Police/EMS Fire Tow Trucks Code Summary * Alabama 32-5A- 58.2 Requires drivers, when approaching a stationary emergency vehicle, including a wrecker displaying amber rotating or flashing lights that is performing recovery or loading on the roadside, to: Vacate the lane closest to stationary emergency vehicles or wrecker, or Slow to at least 15 miles per hour less than the posted speed limit. (direct link unavailable) Alaska 28.35.185 Requires drivers approaching a stationary emergency vehicle, fire vehicle, law enforcement vehicle, tow truck in the act of picking up a vehicle, or animal control vehicle being used to perform official duties, displaying flashing emergency lights, to: Vacate the lane closest to the emergency vehicle or tow truck, or If a lane change would be impossible, prohibited by law, or unsafe, slow to a reasonable and prudent speed considering the traffic, roadway, and weather conditions. (direct link unavailable) 2005-2006 legislation: http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=HB0268A&sessio n=24 Arizona 28-775(E) Requires a driver approaching a stationary vehicle that is giving a signal by displaying alternately flashing lights or is displaying warning lights, to: Proceed with due caution and if possible, with due regard to safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to that of the stationary vehicle, or If changing lanes would be impossible or unsafe, proceed with due caution and reduce the speed of the vehicle, maintaining a safe speed for road conditions. Link: http://www.azleg.gov/ars/28/00775.htm 2011 legislation: http://www.azleg.gov/legtext/50leg/1r/bills/sb1133s.htm

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Page 1: “MOVE-OVER-LAWS” As of 8/25/11 State Police/EMS/Tow Trucks ... · PDF fileState Police/EMS/Tow Trucks Fire Code Summary * ... Requires drivers approaching an authorized emergency

“MOVE-OVER-LAWS” CHART

As of 8/25/11

Information provided by AAA

State Police/EMS/ Fire

Tow Trucks Code Summary *

Alabama

32-5A-58.2

Requires drivers, when approaching a stationary emergency vehicle, including a wrecker displaying amber rotating or flashing lights that is performing recovery or loading on the roadside, to:

Vacate the lane closest to stationary emergency vehicles or wrecker, or

Slow to at least 15 miles per hour less than the posted speed limit. (direct link unavailable)

Alaska

28.35.185

Requires drivers approaching a stationary emergency vehicle, fire vehicle, law enforcement vehicle, tow truck in the act of picking up a vehicle, or animal control vehicle being used to perform official duties, displaying flashing emergency lights, to:

Vacate the lane closest to the emergency vehicle or tow truck, or

If a lane change would be impossible, prohibited by law, or unsafe, slow to a reasonable and prudent speed considering the traffic, roadway, and weather conditions.

(direct link unavailable) 2005-2006 legislation: http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=HB0268A&session=24

Arizona

28-775(E) Requires a driver approaching a stationary vehicle that is giving a signal by displaying alternately flashing lights or is displaying warning lights, to:

Proceed with due caution and if possible, with due regard to safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to that of the stationary vehicle, or

If changing lanes would be impossible or unsafe, proceed with due caution and reduce the speed of the vehicle, maintaining a safe speed for road conditions.

Link: http://www.azleg.gov/ars/28/00775.htm 2011 legislation: http://www.azleg.gov/legtext/50leg/1r/bills/sb1133s.htm

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Arkansas

27-51-310 27-49-219

Requires drivers approaching an authorized emergency response vehicle or a law enforcement vehicle is parked or stopped at the scene of an emergency or other traffic stop and is displaying a flashing, revolving, or rotating blue, red, or amber and red light, to:

Move when possible into the farthest lane from the vehicle and remain in that lane until past the vehicle and any other vehicle involved in the emergency or other traffic stop, or

If changing lanes is not possible or is determined to be unsafe, an approaching driver shall reduce the motor vehicle's speed, proceed with caution, and maintain a reduced speed appropriate to the road and the conditions through the area where the other vehicle is stopped.

Permits wreckers or tow vehicles to be equipped with amber flashing or rotating emergency or warning lights but specifies that is does not qualify them as emergency vehicles. Clarifies that tow trucks shall only display their lights to notify the public of their presence prompt caution in approaching them. (direct link unavailable)

California

21809 Requires drivers approaching a stationary authorized emergency vehicle that is displaying emergency lights, a stationary tow truck that is displaying flashing amber warning lights, or a stationary marked Department of Transportation vehicle that is displaying flashing amber warning lights, to:

Approach with due caution and make a lane change into an available lane not immediately adjacent to the vehicle with due regard for safety and traffic conditions, if practicable and not prohibited by law, or

If the maneuver would be unsafe or impracticable, slow to a reasonable and prudent speed that is safe for existing weather, road, and vehicular or pedestrian traffic conditions.

Link: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=21001-22000&file=21800-21809

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Colorado

42-4-705 Requires drivers approaching or passing a stationary authorized emergency vehicle that is giving a visual signal by means of flashing, rotating, or oscillating red, blue, or white lights to exhibit due care and caution and:

Yield the right-of-way by moving into a lane at least one moving lane apart from the stationary vehicle, or

If movement to another lane is not possible due to weather, road conditions, or the immediate presence of vehicular or pedestrian traffic, to shall reduce and maintain a safe speed with regard to the location of the stationary vehicle, weather conditions, road conditions, and traffic.

Includes tow trucks as authorized emergency vehicles if designated by the Division of Motor Vehicles as necessary to the preservation of life and property, or approved by the Public Utilities Commission to respond to vehicle emergencies. Also specifies stationary towing carrier vehicles as covered under the law. (direct link unavailable)

Connecticut

14-283b Requires drivers approaching one or more stationary emergency vehicles, including wreckers, located on the shoulder, lane or breakdown lane of such highway, to:

Immediately reduce speed to a reasonable level below the posted speed limit, and

If traveling in the lane adjacent to the shoulder, lane or breakdown lane containing the emergency vehicle, move such motor vehicle over one lane, unless such movement would be unreasonable or unsafe.

Link: http://www.cga.ct.gov/2011/pub/chap248.htm#Sec14-283b.htm

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Delaware

4134(b) Requires drivers approaching a stationary authorized emergency vehicle, when the emergency vehicle is giving a signal by displaying alternately flashing red, blue, blue and white, red and white, red and blue, or red, white and blue lights, or upon approaching a stationary authorized vehicle of the Department of Transportation, which is giving a signal by displaying alternately flashing amber or red and amber lights, or upon approaching a stationary tow truck, which is giving a signal by displaying alternately flashing amber, white, or amber and white lights, to:

Proceed with caution and yield the right-of-way by making a lane change into a lane not adjacent to that of such vehicle, if possible with due regard to safety and traffic conditions, or

Proceed with caution and reduce the speed of the vehicle to a safe speed while passing such stationary vehicle, if changing lanes would be impossible or unsafe.

Link: http://delcode.delaware.gov/title21/c041/sc04/index.shtml#4134

District of Columbia

(no law)

Florida

316.126 Requires drivers approaching a parked authorized emergency vehicle making use of any visual signals or a wrecker displaying amber rotating or flashing lights is performing a recovery or loading on the roadside, to, as soon as it is safe:

Vacate the lane closest to the stationary wrecker, or

If such movement cannot be safely accomplished, the driver shall reduce speed to 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater.

Link: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.126.html

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Georgia

40-6-16 Requires drivers approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights, or a stationary towing or recovery vehicle or a stationary highway maintenance vehicle that is displaying flashing yellow, amber, or red lights, to:

Approach the vehicle with due caution and make a lane change into a lane not adjacent to the vehicle if possible in the existing safety and traffic conditions; or

If a lane change would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

(direct link unavailable)

Hawaii (no law)

Idaho

49-624 Requires drivers approaching a stationary police vehicle displaying flashing lights or an authorized emergency vehicle, including wreckers engaged in motor vehicle recovery operations, displaying flashing lights to:

Immediately reduce the speed of his vehicle below the posted speed limit, proceed with due caution and change lanes into a lane that is not adjacent to such vehicle as soon as it is possible to do so in a manner that is reasonable and prudent under the conditions then existing, with regard to actual and potential hazards.

Link: http://legislature.idaho.gov/idstat/Title49/T49CH6SECT49-624.htm

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Illinois

625 ILCS 5/11-907

Requires drivers approaching a stationary authorized emergency vehicle, including tow trucks, giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights or amber or yellow warning lights, to:

Proceeding with due caution, yield the right of way by making a lane change into a lane not adjacent to that of the vehicle, if possible with due regard to safety and traffic conditions, or

Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.

(direct link unavailable)

Indiana

9-21-8-35 Requires drivers approaching a stationary authorized emergency vehicle giving a signal by displaying alternately flashing red, red and white, or red and blue lights, or approaching a stationary recovery vehicle, a stationary utility service vehicle, or a stationary road, street, or highway maintenance vehicle giving a signal by displaying alternately flashing amber lights, to:

Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the vehicle, if possible with due regard to safety and traffic conditions, or

Proceeding with due caution, reduce the speed of the vehicle to a speed at least 10 miles per hour less than the posted speed limit, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.

Link: http://www.ai.org/legislative/ic/code/title9/ar21/ch8.html#IC9-21-8-35

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Iowa

321.323A Requires drivers approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or red and blue lights, or a stationary towing or recovery vehicle, a stationary utility maintenance vehicle, a stationary municipal maintenance vehicle, or a stationary highway maintenance vehicle, that is displaying flashing yellow, amber, or red lights, to approach the vehicle with due caution and to:

Make a lane change into a lane not adjacent to the vehicle if possible in the existing safety and traffic conditions, or

If a lane change would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

(direct link unavailable)

Kansas

8-1530 Requires drivers approaching a stationary authorized emergency vehicle, including tow trucks, making use of visual signals to:

Proceed with due caution and, if possible and with due regard to the road, weather and traffic conditions, shall change lanes into a lane that is not adjacent to that of the stationary vehicle, or

If the driver is traveling on a highway of that type but it is not possible to change lanes or if to do so would be unsafe, proceed with due caution, reduce the speed of the motor vehicle and maintain a safe speed for the road, weather and traffic conditions.

Link: http://www.kslegislature.org/li/statute/008_000_0000_chapter/008_015_0000_article/008_015_0030_section/008_015_0030_k/

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Kentucky

189.930 Requires drivers approaching a stationary emergency vehicle or public safety vehicle, including wreckers, displaying alternately flashing yellow, red, red and white, red and blue, or blue lights, while proceeding with due caution, to:

Yield the right-of-way by moving to a lane not adjacent to that of the authorized emergency vehicle, or

If it is possible to make the lane change with due regard to safety and traffic conditions, to reduce the speed of the vehicle, maintaining a safe speed to road conditions, if changing lanes would be impossible or unsafe.

Link: http://www.lrc.state.ky.us/KRS/189-00/930.PDF

Louisiana

32.125 Requires drivers approaching any vehicle making use of any visual signals as authorized by law (not covering tow trucks), including the display of alternately flashing amber or yellow warning lights, that is parked on or near the highway, to:

Yield the right-of-way by making a lane change into a lane not adjacent to the parked vehicle, if possible with due regard to safety and traffic conditions.

If a lane change is not possible, the driver shall slow to a reasonably safe speed.

Link: http://www.legis.state.la.us/lss/lss.asp?doc=88033

Maine

2054-9

Requires drivers passing a stationary authorized emergency vehicle using an emergency light or a stationary wrecker using its authorized lights, with due regard to the safety and traffic conditions, to:

Pass in a lane not adjacent to that of the authorized emergency vehicle or wrecker, if possible, or

If passing in a nonadjacent lane is impossible or unsafe, pass the emergency vehicle or wrecker at a careful and prudent speed reasonable for passing the authorized emergency vehicle or wrecker safely.

Link: http://janus.state.me.us/legis/statutes/29-A/title29-Asec2054.html

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Maryland

Transp.

Code 21-

405

Requires drivers approaching an emergency vehicle using any visual signal that is stopped, standing, or parked on a highway, to:

If practicable and not otherwise prohibited, make a lane change into an available lane not immediately adjacent to the emergency vehicle with due regard for safety and traffic conditions; or

If the driver of the motor vehicle is unable to make a lane change, slow to a reasonable and prudent speed that is safe for existing weather, road, and vehicular or pedestrian traffic conditions.

(direct link unavailable)

Massachusetts

89-7c Requires drivers approaching a stationary emergency vehicle, highway maintenance vehicle or recovery vehicle with flashing lights to:

Proceed with due caution, reduce speed to that of a reasonable and safe speed for road conditions, and, if practicable, yield the right-of-way by making a lane change into a lane not adjacent to that of the stationary vehicle, or

If changing lanes is impracticable, proceed with due caution and reduce the speed of the vehicle to that of a reasonable and safe speed for road conditions.

Link: http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter89/Section7C

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Michigan

257.653a

Requires drivers approaching and passing a stationary authorized emergency vehicle that is giving a visual signal by means of flashing, rotating, or oscillating red, blue, or white lights to exhibit due care and caution and:

Yield the right-of-way by moving into a lane at least 1 moving lane or 2 vehicle widths apart from the stationary authorized emergency vehicle, or

If such movement is not possible due to weather, road conditions, or the immediate presence of vehicular or pedestrian traffic in parallel moving lanes, the driver shall reduce and maintain a safe speed for weather, road conditions, and vehicular or pedestrian traffic and proceed with due care and caution.

Authorized emergency vehicles include road service vehicles giving a visual signal by means of a flashing, rotating, or oscillating red or amber light. Link: http://www.legislature.mi.gov/(S(t5r5j455cdmmg4v4mfp2gyjj))/mileg.aspx?page=getobject&objectname=mcl-257-653a&highlight=

Minnesota

169.18 169.14

Requires drivers approaching and before passing an authorized emergency vehicle, including tow trucks, with its emergency lights activated that is parked or otherwise stopped to:

Drive at an appropriate reduced speed when approaching or passing such an emergency vehicle,

Safely move the vehicle to the lane farthest away from the emergency vehicle, if it is possible to do so, on four lane roads, or

Safely move the vehicle so as to leave a full lane vacant between the driver and the emergency vehicle if the road has more than four lanes, if it is possible to do so.

Link: http://www.revisor.leg.state.mn.us/stats/169/18.html and http://www.revisor.leg.state.mn.us/stats/169/14.html

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Mississippi

63-3-809 Requires drivers approaching a stationary authorized emergency vehicle, when such vehicle is giving a signal by use of flashing, blinking, oscillating or rotating lights, or when approaching a stationary recovery vehicle or a highway maintenance vehicle, when such vehicle is giving a signal by use of authorized flashing lights, to:

Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the vehicle, if possible with due regard to safety and traffic conditions, to

Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions and being prepared to stop, if changing lanes would be impossible or unsafe.

(direct link unavailable)

Missouri

304.022 Requires drivers approaching a stationary emergency vehicle, including wreckers and tow trucks, displaying lighted red or red and blue lights to:

Proceed with caution and yield the right-of-way, if possible with due regard to safety and traffic conditions, by making a lane change into a lane not adjacent to that of the stationary vehicle, or

Proceed with due caution and reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be unsafe or impossible.

Link: http://www.moga.mo.gov/statutes/C300-399/3040000022.HTM

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Montana

61-8-346 Requires drivers approaching a stationary authorized emergency vehicle, police vehicle, or emergency service vehicle (tow truck) that is displaying visible signals of flashing or rotating amber, blue, red, or green lights, to:

Reduce the vehicle's speed, proceed with caution, and, if possible considering safety and traffic conditions, move to a non- adjacent lane or as far away as possible, or

If changing lanes is not possible or is determined to be unsafe, reduce the vehicle's speed, proceed with caution, and maintain a reduced speed, appropriate to the road and the conditions, through the area where the vehicle is stopped.

Upon approaching such a vehicle on a public highway with a posted speed limit of 50 miles per hour or greater when driving in a lane that is directly next to the vehicle, the driver of the approaching vehicle shall reduce the vehicle's speed by at least 20 miles per hour below the posted speed limit.

Link: http://data.opi.mt.gov/bills/mca/61/8/61-8-346.htm

Nebraska

60-6, 378 Requires drivers on a controlled-access highway approaching or passing a stopped authorized emergency vehicle or road assistance vehicle, including a towing and roadside assistance vehicle, which makes use of proper audible or visual signals to proceed with due care and caution and:

Yield the right-of-way by moving into a lane at least one moving lane apart from the stopped vehicle, or

If moving into another lane is not possible because of weather conditions, road conditions, or the immediate presence of vehicular or pedestrian traffic, the driver shall reduce his or her speed, maintain a safe speed with regard to the location of the stopped vehicle, the weather conditions, the road conditions, and vehicular or pedestrian traffic.

Link: http://www.nebraskalegislature.gov/laws/statutes.php?statute=60-6,378

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Nevada

484B.607 Requires drivers approaching an authorized emergency vehicle which is stopped and is making use of flashing lights or a tow car which is stopped and is making use of flashing amber warning lights, to:

Decrease the speed of the vehicle to a speed that is reasonable and proper and less than the posted speed limit, if a speed limit has been posted, proceed with caution and be prepared to stop, and

If possible, drive in a lane that is not adjacent to the lane in which the emergency vehicle or tow car is stopped, unless roadway, traffic, weather or other conditions make doing so unsafe or impossible.

Link: http://www.leg.state.nv.us/NRS/NRS-484B.html#NRS484BSec607

New Hampshire

265:37-a Requires drivers approaching an incident involving a fire, collision, disaster, or other emergency resulting in partial or complete blockage of a highway, or a location where a police officer has made a traffic stop, to:

Maintain a reduced speed,

Vacate as soon as possible any lane wholly or partially blocked, and

Give a wide berth, without endangering oncoming traffic, to public safety personnel, any persons in the roadway, and stationary vehicles displaying blue, red, or amber emergency or warning lights, including wreckers and emergency highway service vehicles.

Link: http://www.gencourt.state.nh.us/rsa/html/XXI/265/265-37-a.htm

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New Jersey

39:4-92.2 Requires drivers approaching a stationary authorized emergency vehicle displaying a flashing, blinking or alternating red or blue light or, any configuration of such lights; approaching a stationary tow truck displaying a flashing amber light; or approaching a stationary highway maintenance or emergency service vehicle that is operated by the state, an authority or a county or municipality and displaying flashing yellow, amber, or red lights, to approach the vehicle with due caution and:

Make a lane change into a lane not adjacent to the vehicle if possible in the existing safety and traffic conditions, or

If a lane change would be impossible, prohibited by law or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

Link: http://www.nj.gov/oag/hts/move-over-law/move-over-law-text.html

New Mexico

66-7-332 Requires drivers approaching a stationary authorized emergency vehicle (not including tow trucks) displaying flashing emergency lights to:

If reasonably safe to do so, drive in a lane not adjacent to where the authorized emergency vehicle is stopped, and/or decrease the speed of the vehicle to a speed that is reasonable and prudent under the circumstances and proceed with caution.

(direct link unavailable)

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New York

VAT 1144-A SB 2769 added hazard vehicles, eff. Jan. 1, 2012

Requires drivers to exercise due care to avoid colliding with an authorized emergency vehicle or hazard vehicle which is parked, stopped or standing on the shoulder or any portion of such highway and authorized emergency vehicle is displaying one or more red or combination red and white lights, or the hazard vehicle is displaying one or more amber lights.

Drivers shall move from a lane which contains or is immediately adjacent to the shoulder where such authorized emergency vehicle is parked, stopped or standing to another lane, provided that such movement otherwise complies with state law.

Link: http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$VAT1144-A$$@TXVAT01144-A+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=56930016+&TARGET=VIEW 2011 SB 2769: http://assembly.state.ny.us/leg/?bn=S02769&Summary=Y&Text=Y&default_fld=#

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North Carolina

20-157 Requires drivers approaching an authorized emergency vehicle or any public service vehicle parked or standing within 12 feet of a roadway and giving a warning signal by appropriate light, as soon as it is safe to do so:

Move the vehicle into a lane that is not the lane nearest the parked or standing vehicle and continue traveling in that lane until safely clear of the vehicle. This applies only if the approaching vehicle may change lanes safely and without interfering with any vehicular traffic.

Slow the vehicle, maintaining a safe speed for traffic conditions, and operate the vehicle at a reduced speed and be prepared to stop until completely past the stopped vehicle. This applies only if the approaching vehicle may not change lanes safely and without interfering with any vehicular traffic.

Public service vehicle" means a vehicle that is being used to assist motorists or law enforcement officers with wrecked or disabled vehicles, or is a vehicle being used to restore electric utility service due to an unplanned event, and is operating an amber colored flashing light. Link: http://www.ncga.state.nc.us/gascripts/statutes/statutelookup.pl?statute=20-157

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North Dakota

39-10-26 39-01-01

Requires drivers approaching an authorized emergency vehicle displaying a flashing, revolving, or rotating amber, blue, white, or red light, or if approaching a highway maintenance vehicle displaying a flashing, revolving, or rotating amber or white light, parked or stopped on the interstate system or on a multilane highway outside the limits of a city, to:

Proceed with caution and yield the right of way by moving to a lane that is not adjacent to the authorized emergency vehicle if the move may be made with due regard to safety and traffic conditions or

If not, the driver shall proceed with due caution, reduce the speed of the vehicle, and maintain a safe speed for the road conditions.

"Class B" authorized emergency vehicles means wreckers and such other emergency vehicles as are authorized by the local authorities. Link: http://www.legis.nd.gov/cencode/T39C10.pdf

Ohio

4511.21.3

Requires drivers approaching a stationary public safety vehicle, an emergency vehicle, or a road service vehicle that is displaying the appropriate visual signals by means of flashing , oscillating, or rotating lights, to:

Proceed with due caution and, if possible and with due regard to the road, weather, and traffic conditions, change lanes into a lane that is not adjacent to that of the stationary vehicle, or

If the driver is traveling on a highway of that type but it is not possible to change lanes or if to do so would be unsafe, the driver shall proceed with due caution, reduce the speed of the motor vehicle, and maintain a safe speed for the road, weather, and traffic conditions.

Link: http://codes.ohio.gov/orc/4511.213

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Oklahoma

47-11-314 Requires drivers approaching a stationary authorized emergency vehicle or a licensed Class AA wrecker displaying a flashing combination red or blue light or any combination of red or blue lights, to proceed with due caution and, if possible and with due regard to the road, weather, and traffic conditions, change lanes into a lane that is not adjacent. If the driver is not able to change lanes or if to do so would be unsafe, the driver shall proceed with due caution and reduce the speed of the motor vehicle to a safe speed for the existing road, weather, and traffic conditions. (direct link unavailable) 2008 legislation: http://webserver1.lsb.state.ok.us/2007-08bills/SB/HB3193_SFLR.RTF

Oregon

811.147 Requires drivers approaching an emergency vehicle, roadside assistance vehicle, tow vehicle or ambulance that is stopped and is displaying required warning lights, to:

Make a lane change to a lane not adjacent to that of the vehicle; or

Reduce the speed of the motor vehicle to a speed that is at least five miles per hour under the posted speed limit, if making a lane change is unsafe.

“Roadside assistance vehicle” means a vehicle with warning lights that responds to requests for repair assistance from motorists with disabled vehicles. (direct link unavailable)

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Pennsylvania

75-3327 Requires drivers approaching or passing an emergency response area to:

Pass in a lane not adjacent to that of the emergency response area, if possible; or

If passing in a nonadjacent lane is impossible, illegal or unsafe, pass the emergency response area at a careful and prudent reduced speed reasonable for safely passing the emergency response area.

"Emergency response area" means the area in which emergency service responders render emergency assistance to individuals on or near a roadway or a police officer is conducting a traffic stop or systematic check of vehicles or controlling or directing traffic as long as the emergency vehicle is making use of appropriate visual signals. Link: http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.033.027.000..HTM

Rhode Island

31-14-3

31-24-31

Requires drivers approaching an authorized vehicle, including roadside assistance vehicles, parked or standing within 12 of a roadway and giving a warning signal by appropriate light, to, as soon as it is safe and without interfering with any vehicular traffic:

Move the vehicle into a lane that is not the lane nearest the parked or standing authorized emergency vehicle and continue traveling in that lane until safely clear of the authorized emergency vehicle.

Slow the vehicle, maintaining a safe speed for traffic conditions, and operate the vehicle at a reduced speed until completely past the authorized emergency vehicle.

Link: http://www.rilin.state.ri.us/Statutes/TITLE31/31-14/31-14-3.HTM http://www.rilin.state.ri.us/Statutes/TITLE31/31-24/31-24-31.HTM

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South Carolina

56-5-1538 Requires drivers approaching or passing an emergency scene or authorized emergency vehicle stopped on or near the right-of-way of a street or highway with emergency lights flashing to ensure that the vehicle is kept under control. Requires drivers approaching a stationary authorized emergency vehicle that is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights, or amber or yellow warning lights to proceed with due caution, significantly reduce the speed of the vehicle, and:

Yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions; or

Maintain a safe speed for road conditions, if changing lanes is impossible or unsafe.

"Authorized emergency vehicle" means any ambulance, police, fire, rescue, recovery, or towing vehicle authorized by this state, county, or municipality to respond to a traffic incident. (direct link unavailable)

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South Dakota

32-31-6.1 32-17-10

Requires drivers approaching any stopped vehicle making use of amber or yellow warning lights to:

Merge into the lane farthest from the vehicle and proceed with caution, unless otherwise directed, or

Slow to a speed that is at least twenty miles per hour less than the posted speed limit or five miles per hour when the speed limit is posted at twenty miles per hour or less and proceed with caution, unless otherwise directed.

Any tow truck or wrecker may be equipped with and use an amber rotary beacon light or lights or other amber flashing or blinking light or lights of the type or similar to the type of such lights used on emergency vehicles in this state. Link: http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=32-31-6.1&Type=Statute

Tennessee

55-8-132 Requires drivers approaching a stationary authorized emergency vehicle, when the vehicle is giving a signal by use of flashing lights, or approaching a stationary recovery vehicle or a highway maintenance vehicle, when the vehicle is giving a signal by use of authorized flashing lights, to:

Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions; or

Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.

"Recovery vehicle" means a truck that is specifically designed for towing a disabled vehicle or a combination of vehicles. (direct link unavailable)

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Texas

545.157

547.305

Requires drivers approaching a stationary authorized emergency vehicle using approved visual signals to:

Vacate the lane closest to the emergency vehicle when driving on a highway with two or more lanes traveling in the direction of the emergency vehicle; or

Slow to a speed not to exceed 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or more, or five miles per hour when the posted speed limit is less than 25 miles per hour.

A vehicle may be equipped with alternately flashing lighting equipment if the vehicle is a tow truck while under the direction of a law enforcement officer at the scene of an accident or while hooking up to a disabled vehicle on a roadway or a tow truck with a mounted light bar which has turn signals and stop lamps. (direct link unavailable)

Utah

41-6a-904 Requires drivers approaching a stationary authorized emergency vehicle that is displaying alternately flashing red, red and white, or red and blue lights, or approaching a stationary tow truck or highway maintenance vehicle that is displaying flashing amber lights, to:

Reduce the speed of the vehicle;

Provide as much space as practical to the stationary vehicle; and

For authorized emergency vehicles, if traveling in a lane adjacent and if practical, with due regard to safety and traffic conditions, make a lane change into a lane not adjacent to the authorized emergency vehicle.

Link: http://le.utah.gov/~code/TITLE41/htm/41_06a090400.htm

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Vermont

T23:1050 Requires drivers approaching a stationary law enforcement vehicle which is displaying a blue or blue and white signal lamp, or of a vehicle which is approaching a stationary ambulance, fire apparatus, a vehicle operated by a volunteer firefighter, or a motor vehicle used in rescue operations displaying a red signal lamp, or a stationary towing and repair vehicle displaying an amber signal lamp, to:

Proceed with caution, and

If traveling on a four-lane highway, and safety conditions permit, make a lane change.

Link: http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=23&Chapter=013&Section=01050

Virginia

46.2-921.1

Requires drivers approaching a stationary vehicle that is displaying a flashing, blinking, or alternating blue, red, or amber light or lights, to:

Proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to the stationary vehicle; or

If changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions.

Link: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-921.1

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Washington

46.61.212 Requires driver approaching an emergency zone, meaning the adjacent lanes of the roadway two hundred feet before and after a stationary authorized emergency vehicle making use of audible and/or visual signals; a tow truck that is making use of visual red lights; other vehicles providing roadside assistance that are making use of warning lights with three hundred sixty degree visibility; or a police vehicle properly and lawfully displaying a flashing, blinking, or alternating emergency light or lights; to:

Proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change or moving away from the lane or shoulder occupied by the stationary authorized emergency vehicle or police vehicle;

If unable to completely move to a non-adjacent lane, reduce the speed of the vehicle, and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by passing to the left at a safe distance and simultaneously yield the right-of-way to all vehicles traveling in the proper direction upon the highway; or

If changing lanes or moving away would be unreasonable or unsafe, proceed with due caution and reduce the speed of the vehicle.

A person may not drive a vehicle in an emergency zone at a speed greater than the posted speed limit. Link: http://apps.leg.wa.gov/RCW/default.aspx?cite=46.61.212

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West Virginia

17C-14-9a Requires drivers approaching a stationary authorized emergency vehicle giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights or amber or yellow warning lights, to:

Proceed with due caution, yield the right-of-way by making a lane change not adjacent to that of the authorized emergency vehicle, if possible with regard to safety and traffic conditions, and reduce speed to a safe level for road conditions; or

Proceed with due caution, reduce the speed of the vehicle, maintaining a safe speed not to exceed fifteen miles per hour on any non-divided highway or street and twenty-five miles per hour on any divided highway depending on road conditions, if changing lanes would be impossible or unsafe.

Link: http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=17c&art=14&section=9A#14#14

Wisconsin

346.072 Requires drivers approaching an authorized emergency vehicle giving visual signal, a tow truck flashing red lamps, or any road machinery or motor vehicle used in highway construction or maintenance displaying specified lights, that is parked or standing on or within 12 feet of a roadway, to shall proceed with due regard for all other traffic and:

Move the motor vehicle into a lane that is not the lane nearest the parked or standing vehicle or machinery and continue traveling in that lane until safely clear of the vehicle or machinery. This applies only if the approaching motor vehicle may change lanes safely and without interfering with any vehicular traffic.

If unable to change lanes safely and without interfering with any vehicular traffic, slow the motor vehicle, maintaining a safe speed for traffic conditions, and operate the motor vehicle at a reduced speed until completely past the vehicle or machinery.

Link: http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=45955935&infobase=stats.nfo&jump=346.072&softpage=Document#JUMPDEST_346.072

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Wyoming

31-5-224 Requires drivers approaching a parked authorized emergency vehicle (not including wreckers) making use of any specified visual signals, as soon as it is safe, to:

Merge into the lane farthest from the emergency vehicle, or

If unable, to slow to a speed that is 20 miles per hour less than the posted speed limit.

(direct link unavailable)

Total 49 45

* Most Move Over laws provide that if traveling on a two-lane road where there is no lane to vacate to, the approaching vehicle must reduce speed. Many laws also require drivers to first follow any instructions from onsite police.