Criminal Law

What Is the Move Over Law? Which States Have a Law on Yielding to Emergency Vehicles?

Traffic tickets for failing to yield to an emergency vehicle.
By John McCurley, Attorney · University of San Francisco School of Law
Updated: Jun 20th, 2022
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All states have “move-over” laws that require drivers to yield to law enforcement vehicles, firetrucks, ambulances, and other emergency vehicles that are responding to emergencies. Generally, these laws also require drivers to vacate the lane nearest to emergency vehicles that are parked at the roadside.



What Are Move Over Laws?

Many states have two separate move-over laws: one that applies in situations where emergency vehicles are approaching en route to an emergency and another that specifies the precautionary measures drivers must taking when passing stationary emergency vehicles. Other states combine the two rules into a single law.

Moving Over for Emergency Vehicles Coming From Behind

Move-over statutes generally require drivers to:

  • yield the right-of-way to emergency vehicles
  • immediately move to the right-side edge of the road when an emergency vehicle is approaching, and
  • remain stationary at the side of the road until the emergency vehicle has passed.

For the move-over rule to apply, state laws normally require that the emergency vehicle have its flashing lights and sirens activated.

Passing Stationary Emergency Vehicles

The move-over laws in most states require drivers to exit the lane immediately adjacent to a stopped emergency, utility service, or highway maintenance vehicle with flashing lights. If it's unsafe to change lanes, the driver generally must slow down to a safe and reasonable speed and be prepared to stop.

Some states require only that drivers reduce their speed as appropriate—not necessarily change lanes—when approaching a parked emergency, maintenance, or utility vehicle.

How Much Does a Move Over Ticket Cost?

A move-over violation is usually a traffic infraction. The consequences of a move-over ticket vary by state. But convicted motorists can typically expect fines of about $30 to $500. For a first violation, the fine is normally at the lower end of that range, whereas a second or subsequent offense fine can be at or near the upper end.

In some states, a move-over violation can also result in a short jail sentence.

However, you can evade the penalties altogether if you contest your ticket in court and win.

Does a Move Over Law Violation Add Points to My License?

In states that have traffic violation point systems, a move-over ticket generally results in a demerit point or two being assessed against the motorist’s driving record. But depending on the situation, the motorist might be able to avoid the points by completing traffic school.

How Can You Fight a Move-Over Ticket?

How to go about fighting a move-over ticket depends on the circumstances of the case. But you'll generally want to start by taking a look at the statute you're accused of violating. Once you read the law, you might be able to find a hole or two in the government's case.

For example, move-over laws generally apply only when an emergency vehicle has lights and sirens activated. So, if you're accused of not moving over for a vehicle that didn't have it's emergency signals going, you might have a good defense to the ticket.

About the Author

John McCurley Attorney · University of San Francisco School of Law

John McCurley started writing criminal law articles for Nolo as a freelancer in 2015. He joined the Nolo staff as a Legal Editor in 2016.  

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