Georgia’s Move Over Law

“What is Georgia’s ‘Move-Over Law’?”

The Georgia legislature passed the Move-Over Law to reduce the number of injuries and fatalities to police officers, paramedics, firefighters, tow truck operators and highway maintenance workers while doing their duties on the side of roads or highways. Reports show that emergency vehicles of all types have been struck while parked beside Georgia highways, even while their emergency lights were flashing.

The law was amended by the Georgia legislature, effective as of July 1, 2016, and is now known as “Spencer’s Pass Law”.

“How do I follow the Move Over Law?”

Ga. Code Ann. § 40-6-16 states that the driver of a motor vehicle that is approaching a stationary emergency vehicle, a towing or recovery vehicle, a highway maintenance vehicle, or a utility vehicle that is using traffic cones or displaying flashing yellow, amber, white, red, or blue lights must approach that vehicle with caution. Additionally, the driver must move over into a lane not directly next to that vehicle or, if a lane change is not possible, must reduce to a speed less than the posted speed limit and be prepared to stop.

In short, if you see an emergency vehicle on the side of the road, you must move over to the lane not next to the stopped emergency vehicle.  For example, if the vehicle is stopped in the lane to your right, and you have a free lane to your left, you must move into the free lane on your left.

If you cannot safely move into the lane to your left, then you must slow down your speed to below the posted speed limit and be prepared to stop.

“What is the punishment for a Move Over ticket?”

When the stationary vehicle is an authorized emergency vehicle:

  • Fine of not more than $500.00. Authorized emergency vehicles include law enforcement vehicles, fire trucks, and EMS vehicles.
  • 3 points to your driver’s license

When the stationary vehicle is a towing or recovery vehicle, a highway maintenance vehicle, or a utility service vehicle:

  • Fine of not more than $250.00.
  • 3 points to your driver’s license

Officers have discretion in determining if you have followed the law or not.  But, an experienced traffic defense attorney will be able to determine this as well.  Just because you received a Move Over ticket, does not mean you are guilty of it.

Call our office today at 770-594-1777 for a Free Consultation with a Traffic Ticket Attorney.

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