Move over laws by state: who's protected and what you must do
Which stopped vehicles are protected, when to move over or slow down and what penalties apply
It’s 10 p.m. on a 65 mph interstate. A tow truck’s amber lights flash on the right shoulder beside a minivan with its hazards on. A tractor trailer rolls beside you in the left lane, so you can’t move over.
Do you have to slow down? Does the law even cover a tow truck or a family’s minivan? The answer depends on the state you’re in.
Every state and the District of Columbia (DC) has a move over law [3, 4]. Yet in an AAA Foundation for Traffic Safety video study of 12,365 drivers passing roadside scenes, 36% neither changed lanes nor slowed down [4]. This guide explains who each type of law protects, what it requires and how to check your state’s rule in 5 minutes.
What a move over law asks you to do
When you approach a vehicle stopped on or beside the road with warning lights on, change to a lane that isn’t next to it if you safely can. If you can’t, slow down [1].
South Carolina passed the first move over law in 1996, after a paramedic was killed [3]. Today, the AAA Foundation sorts state laws into three styles [4]:
- Slow down and move over: 13 states require a lower speed even after you change lanes.
- Move over or slow down: 36 states require slowing only when you can’t move over.
- Due care: 2 jurisdictions set a general duty of care with no set speed cut.
In these laws, stationary means the protected vehicle is stopped. Adjacent means the lane right next to it. Warning lights can mean red, blue or amber lights, or a car’s hazard flashers, depending on the law [11, 12].
Who gets hurt at the roadside
In 2024, the Emergency Responder Safety Institute counted 46 emergency responders struck and killed while working roadway incidents, the AAA Foundation reports [4]. They were 26 police officers, 12 tow operators, 4 road agency or patrol workers, 3 fire or emergency medical services (EMS) workers and 1 road service technician [4].
From 2014 to 2023, 154 officers died after being struck by vehicles, 9% of all line of duty deaths, the National Institute for Occupational Safety and Health reports [5]. In 2025, 13 officers were struck and killed outside their vehicles, the National Highway Traffic Safety Administration (NHTSA) reports, citing memorial fund data [2].
In 2024, about 33,000 crashes happened along road shoulders. Of those, 578 were fatal [2]. Our roadside breakdown guide covers what to do if you’re the one stopped.
Which stopped vehicles are protected
AAA Foundation researchers reviewed every state’s law in late 2023 and rechecked vehicle coverage in August 2025. They found four tiers of coverage [4].
Comparison compiled by Safety Behind the Wheel Foundation
| Coverage tier | Count, August 2025 [4] | Examples we confirmed on official state pages, October 2026 |
|---|---|---|
| Emergency responders only: police, fire, EMS | DC only | None; see the note below |
| Responders plus tow trucks and roadside assistance | 5 states | AAA did not name them; check your state |
| Plus other work vehicles, such as road maintenance, utility and trash trucks | 17 states | Texas, Michigan [9, 10] |
| Any stopped or disabled vehicle, often only with hazards, flares or signs | 28 states, up from 19 in 2023 | Florida, Virginia, New York (certain highways), Oregon (multilane roads) [8, 11, 12, 14] |
Trackers disagree. NHTSA’s 2025 materials count 19 states plus DC that cover all vehicles with flashing or hazard lights [1, 3]. AAA put DC in the narrowest tier [4]. Definitions and update schedules differ, so your state’s code is the final word.
Driver manuals may not tell the whole story. Pennsylvania’s manual and California’s June 2025 handbook list emergency, tow and road work vehicles [13, 15]. So check each code for disabled car coverage.
How the law treats each type of vehicle
Police, fire and EMS. Every state protects them [1]. Many states punish these violations most heavily. In Virginia, failing to move over or slow for an emergency vehicle is reckless driving. The same act near other stopped vehicles is a traffic infraction [11].
Tow trucks and roadside assistance. Every state, but not DC, covered them in AAA’s 2023 review [4]. From 2015 to 2021, 123 roadside assistance providers were struck and killed [4].
Road crews, safety patrols, utility and trash trucks. Coverage varies most here. Texas covers its transportation department’s vehicles with overhead lights, utility vehicles and city trash trucks, and since September 2025, animal control and parking enforcement vehicles [9]. Michigan covers trash haulers, utility vehicles and road maintenance vehicles [10]. Work zones add their own rules. See our work zone and move over safety guide.
Disabled vehicles. Since January 1, 2025, Florida’s law covers any vehicle stopped roadside with hazard lights, flares or emergency signs [8]. Virginia covers a stopped vehicle with hazard flashers, caution signs or lit flares [11]. New York covers any vehicle stopped on the shoulder of a parkway or controlled access highway [12]. Under many broad laws, your hazard lights are what bring a breakdown under the rule [4].
Move over or slow down: what's required
In most laws, slowing is the fallback when you can’t change lanes [4]. Where both are required, as in Michigan, you must slow to at least 10 mph under the limit and also move over [10].
The AAA Foundation found 13 states that set a specific speed cut [4]. Examples from official state pages:
Comparison compiled by Safety Behind the Wheel Foundation
| State | If you can’t move over | On low speed roads |
|---|---|---|
| Florida | Slow to 20 mph under the limit [8] | 5 mph where the limit is 20 mph or less [8] |
| Texas | Slow to 20 mph under the limit [9] | 5 mph where the limit is 25 mph or less [9] |
| Michigan | At least 10 mph under, and move over too when you can [10] | Same rule |
| Oregon | Manual mentions slowing at least 5 mph under the limit [14] | Not stated |
| Virginia | No number: due caution at a safe speed for conditions [11] | Not stated |
At 70 mph you cover about 103 feet per second, and at 50 mph about 73 feet. Because crash energy grows with the square of speed, passing at 50 instead of 70 cuts it roughly in half (our calculations).
Multilane highways vs. two lane roads
Some laws tie the lane change to roads with at least 2 lanes in your direction [4]. Virginia’s emergency vehicle rule calls for a lane change on highways with at least 4 lanes [11]. New York requires moving over on multilane controlled access roads and slowing on all roads [12]. Texas says to slow 20 mph under the limit where the road lacks multiple lanes [9].
On a multilane highway, move out of the lane touching the scene. For a left shoulder scene, move right. If responders have closed a lane, follow their cones, flares and signals.
On a two lane road, slowing is usually your main tool. Ease toward the center line within your lane. Watch for oncoming drivers doing the same. None of the official pages we reviewed tell drivers to cross the center line. Do it only where passing is legal and the oncoming lane is clear, or where an officer waves you around. Otherwise, slow down further.
When you can't change lanes: safe decision making
Good move over decisions start early, since lights a quarter mile ahead give you about 14 seconds at 65 mph (our calculation).
Can I move over? A step by step decision
- Spot it early. Scan far ahead for flashing lights, hazards, flares or cones on either shoulder. Ease off the gas.
- Check your mirrors and blind spot for a vehicle closing fast or riding beside you.
- Ask: is there a lane in my direction that isn’t next to the scene? If not, skip to step 5.
- Ask: is the gap open and legal to use? If yes, signal early, change lanes smoothly and still slow down. If not, don’t force it.
- Slow down smoothly. Tap your brakes to warn drivers behind you, then ease down to your state’s required speed. If your state sets no number, 20 mph under the limit is a sound target.
- Use the far side of your lane, staying within the lane lines.
- Watch for people, such as an officer at a driver’s window or a tow operator on the traffic side.
- Leave gradually, and watch for a second vehicle or a backup ahead.
Truck drivers should start earlier, since a long vehicle needs a bigger gap and more room to slow. See our guide to sharing the road with trucks and buses.
Penalties: ranges and real examples
AAA’s 2023 review found first offense base fines from $30 in Florida to $2,500 in Virginia [4]. Base fines were $100 or less in 16 jurisdictions, $101 to $300 in 26 and more than $300 in 9 [4]. Nine states and DC add license points, 14 states raise fines for repeat offenses and 18 add tougher penalties after a crash, injury or death [4]. AAA’s 2025 update checked only vehicle coverage, so some penalties may have changed [4].
Examples from official state sources:
- Pennsylvania: up to $250 for a first offense, $500 for a second and $1,000 for a third, doubled in work zones [13]. Seriously injuring or killing a responder or highway worker can bring up to a 1 year suspension and a fine of up to $10,000 [13].
- Michigan: a $400 civil infraction and 2 points for emergency vehicles, and a felony with up to 15 years in prison for causing an emergency worker’s death [10].
- Texas: a fine of up to $1,250 for a first offense, and possible jail plus up to $4,000 for causing serious injury [9].
- Virginia: reckless driving for emergency vehicles, which AAA notes is a misdemeanor with up to a $2,500 fine and 12 months in jail [4, 11]. A court may also suspend a license for up to 2 years after an injury or death [11].
- Florida: a fine, fees and points [8]. In 2024, Florida recorded 205 move over crashes and more than 17,500 citations [8].
If you hold a commercial or teen license, or a crash was involved, talk with a lawyer licensed in that state before paying.
The federal role and what research shows
Move over rules are state laws, but federal agencies back them. NHTSA offers free Move Over campaign materials [2]. The Federal Highway Administration’s Traffic Incident Management (TIM) program helps responders clear crashes safely and quickly, which cuts secondary crashes [6]. More than 600,000 responders have taken its national TIM training [7].
Do the laws work? AAA says their effect on crashes is hard to judge because rigorous studies are scarce [4]. But the knowledge gap is clear. In a 2017 National Safety Council survey cited by AAA, 23% of drivers knew of no legal duty when passing responders with flashing lights [4].
Who is protected in your state? A checklist
How to verify your state's law in 5 minutes
- Minute 1: Read the manual. Find your DMV through USA.gov’s state motor vehicle directory, then search its driver manual for “move over.”
- Minute 2: Find the statute. Search your legislature’s code site for “stationary vehicle” or “move over.” Examples include Florida’s section 316.126 and Virginia’s section 46.2-861.1 [8, 11].
- Minute 3: Read the triggers, noting which vehicles, lights, warnings and roads count.
- Minute 4: Read the duty, noting whether you must move over, slow down or both, and any speed number.
- Minute 5: Check penalties and dates. Read the penalty section and history note, check your state highway safety office for new law news and write down the date you checked.
Driving across state lines? Follow the strictest rule on your route. Our state traffic safety laws hub explains how to read statutes and effective dates.
Frequently asked questions
Do I have to move over for a car with its hazard lights on?
In many states, yes: as of August 2025, the AAA Foundation counted 28 states that cover any stopped or disabled vehicle, often only with hazards on [4]. Florida added this coverage on January 1, 2025 [8].
What if I can’t move over safely?
Stay in your lane, slow down smoothly to your state’s required speed and use the far side of your lane [8, 9]. Never stop in a travel lane or swerve at the last moment.
How much do I have to slow down?
Florida and Texas require 20 mph under the limit, Michigan at least 10 mph under and Virginia a safe speed for conditions [8, 9, 10, 11].
The bottom line
Recommendation from Safety Behind the Wheel Foundation
When you see flashing or hazard lights ahead, ease off early, check your mirrors and move over if a safe lane is open. If not, slow down well below the limit and use the far side of your lane. Then look up your state’s exact rule, because it may ask for more.
Related articles
- Work zone and move over safety: protect road crews, responders and you
- Roadside breakdown safety: what to do when your car breaks down
- Sharing the road with trucks and buses: No Zones, passing and stopping
- Lane changes and blind spots: a safe routine every driver can use
- State traffic safety laws: how to look up and verify your state’s rules
Sources and further reading
- 1National Highway Traffic Safety Administration (NHTSA). Move Over: It’s the Law. No date shown; accessed October 3, 2026. nhtsa.gov/move-over-its-law
- 2National Highway Traffic Safety Administration (NHTSA). Move Over Safety (Traffic Safety Marketing campaign page; officer data from the National Law Enforcement Officers Memorial Fund). 2025 materials; accessed October 3, 2026. trafficsafetymarketing.gov/…/move-over
- 3National Highway Traffic Safety Administration (NHTSA). Move Over handout (states as of June 2025). July 2025. trafficsafetymarketing.gov/…/move-over-handout-en-2025
- 4AAA Foundation for Traffic Safety. Slow Down, Move Over Laws (full report; law review November: December 2023, vehicle-coverage update August 2025). October 2025. aaafoundation.org/research/slow-down-move-over-laws
- 5National Institute for Occupational Safety and Health (NIOSH). Law Enforcement Officer Motor Vehicle Safety. Last reviewed July 25, 2024. cdc.gov/niosh/motor-vehicle/law-enforcement
- 6Federal Highway Administration (FHWA), Office of Operations. Traffic Incident Management. Accessed October 3, 2026. ops.fhwa.dot.gov/tim
- 7Federal Highway Administration (FHWA). Next-Generation Traffic Incident Management: Technologies for Saving Lives (Every Day Counts round 7). Updated May 22, 2026. fhwa.dot.gov/innovation/everydaycounts/edc_7/nextgen_tim.cfm
- 8Florida Department of Highway Safety and Motor Vehicles (FLHSMV). Move Over (section 316.126, Florida Statutes; 2024 crash and citation data). Accessed October 3, 2026. flhsmv.gov/safety-center/driving-safety/move-over
- 9Texas Department of Transportation (TxDOT). Move Over or Slow Down. Accessed October 3, 2026. txdot.gov/…/move-over-or-slow-down
- 10Michigan State Police, Office of Highway Safety Planning. Move Over. Accessed October 3, 2026. michigan.gov/msp/divisions/ohsp/move-over
- 11Code of Virginia. § 46.2-861.1, Drivers to yield right-of-way or reduce speed when approaching stationary vehicles displaying certain warning lights on highways; penalties. History: 2019, c. 850; 2023, cc. 616, 617. Accessed October 3, 2026. law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-861.1
- 12New York State Department of Motor Vehicles. Driver’s Manual, Chapter 5: Intersections and Turns (Emergency Vehicles). Accessed October 3, 2026. dmv.ny.gov/…/chapter-5-intersections-and-turns
- 13Pennsylvania Department of Transportation (PennDOT). Pennsylvania Driver’s Manual: Special Circumstances and Emergencies (Steer Clear Law). Accessed October 3, 2026. pa.gov/…/special-circumstances-and-emergencies
- 14Oregon Department of Transportation, Driver and Motor Vehicle Services. Oregon Driver Manual, Section 4: Sharing the Road (Approaching Stopped Vehicles). Accessed October 3, 2026. oregon.gov/odot/DMV/Pages/Online_Manual/Study-Section_4.aspx
- 15California Department of Motor Vehicles. California Driver’s Handbook, Section 7: Laws and Rules of the Road (continued). Updated June 11, 2025. dmv.ca.gov/…/laws-and-rules-of-the-road-cont1
This article reflects the priorities of traffic incident management and traffic safety law. It is general education, not legal advice for any individual, ticket or case. Laws, penalties and data change, so verify details with official sources such as your state legislature, DMV and highway safety office. Reviewed October 2026.
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