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Move over laws are laws that require you to move over or slow down when certain conditions are met. The most common example is when emergency vehicles are parked on the side of the road, flashing their amber (or other colored) lights. Here’s what you need to know to avoid getting a ticket under Florida’s Move Over Law.

What Is the Move over Law in Florida? 

Florida’s motor vehicle laws are contained in Title 23 of the Florida Statutes. The statute that specifically references Florida’s Move Over Law is Florida Statute §316.126. This law contains a couple of subsections and subparagraphs that further expand on the law to include exceptions and additions for specific circumstances.

If you’d like to read the law yourself, you can do so by clicking here.

Under Florida law, whenever you see an applicable emergency vehicle pulled over under certain conditions, you must either move over to the next furthest lane or slow down to no faster than 20 miles per hour less than the posted speed limit.

To Which Vehicles Do Move Over Laws Apply?

Florida’s Move Over Law applies to all of the following vehicles:

• Tow trucks.
• First responder vehicles.
• Law enforcement vehicles.
• Sanitation vehicles.
• Utility service vehicles.
• Wreckers.
• Other emergency vehicles.

However, the law does not require you to move over for these vehicles in every situation. The only time that you have to move over for these vehicles is when they are displaying any kind of visual or auditory signal (like flashing lights or sirens) or are in the act of providing emergency assistance.

See the following examples for more information:

You do not have to move over when a police officer is parked on the side of the road eating lunch.

You do have to move over when a police officer is parked on the side of the road assisting with a car accident.

Penalties for Not Moving Over 

The penalties for not moving over under Florida’s Move Over law can be quite severe. However, it is important to note that these penalties are almost always only civil penalties. That means that you cannot face jail time for not moving over under Florida law.

A conviction under Florida’s Move Over Law can result in a fine of at least $120 and up to three points on your driver license. It is also possible that these points can carry over if you have an out-of-state driver license. The only way to ensure that these points do not hit your record is to have the ticket dismissed in court.

Why Is the Move over Law So Important? 

Florida passed its Move Over Law to help protect law enforcement officers and other emergency/utility personnel from being injured in the line of duty. Although it might not seem like an everyday thing, not only is this a common cause of death, it’s actually the most common cause of death for emergency personnel in Florida.

The leading cause of death of Florida’s law enforcement officers is car accidents that occur while on the job. Reports have shown that, when drivers do not move over, the odds of accidentally impacting an officer or an emergency vehicle on the side of the road increase significantly.

What If Moving over Isn’t Possible, Safe, or Legal?

Oftentimes, however, it’s simply not possible to follow the Move Over Law. There are times when moving over or slowing down is neither possible, safe, nor legal. For example, lightning storms are common in the Sunshine State and they frequently knock down power lines. If one of those lines were to be flailing about in the street, it would be unsafe to stop.

With situations like that—among other things—in mind, courts have set precedent to allow you a couple of exceptions. Provided, that is, that you do your best to take one of the following courses of action:

Slow down to Less than the Speed Limit

The most common substitution for moving over is slowing down to a speed no faster than 20 miles per hour below the speed limit. That means, if you are driving in a zone marked 50 miles per hour, you can go no faster than 30 miles per hour.

You might now be wondering what the law requires you to do if you can’t move over but the speed limit is only 20 miles per hour. In cases such as that, you must slow down to what a reasonable person would consider a safe speed or be prepared to stop entirely while you wait for the emergency personnel to signal that you may pass.

Be Prepared to Stop

If you can neither move over nor slow down to 20 miles per hour below the speed limit, you must be prepared to stop. That means stopping in whichever lane you are driving in. Typically, you will need to remain stopped until the emergency personnel (or whoever is directing traffic) says that you may pass.

Oftentimes, in situations where traffic must be stopped for emergency purposes, the government or utility company will send somebody out to direct the flow of traffic. Failure to listen to the person directing traffic and/or the emergency personnel can result in a traffic ticket under Florida’s Move Over Law.

Defenses for Not Moving Over

As with any traffic ticket, there are a couple of common defences that you should consider trying. Of course, be sure to talk about the pros and cons of each of these common defences with your attorney before proceeding. The last thing you would want to do is to make a legal decision without the advice of a legal expert.

Dashboard camera (also known as “dashcam”) footage is often a great way to prove your case and get your ticket dismissed. If you do not have a dashcam, consider having one installed. Not only can they help disprove the charges against you in standard traffic ticket cases, they can also help in the case of an accident or other similar situation.

It Wasn’t Safe

This defence argues that it was not safe for you to either move over or slow down pursuant to the law. This could be due to adverse weather conditions, roadside fire, or an angry driver chasing you down the road. Whatever the circumstances, it is important to document them well.

Other examples of unsafe driving conditions include the following:

• Flooding.
• Tornado.
• Fire.
• Hurricane.
• Active shooter.

The Vehicle’s Emergency Lights Were Not On

This defence argues that you did not actually break the law by failing to move over or slow down. The law specifies that you only have to move over or slow down for stopped vehicles when they are displaying their lights or sirens or are actively in the process of providing emergency services.

For example, if a police officer is pulled over on the side of the road but does not have their lights or sirens on and is not in the process of providing emergency services, you would not be required by law to move over or slow down for them.

Hire an Attorney Through Appwinit.Com to Fight Your Case

If you’ve received a ticket under Florida’s Move Over Law, don’t pay it just yet. Keep a close eye on your court appearance date and download the WinIt app from the App Store or Google Play. There, you can find expert legal assistance at affordable rates. Instead of paying your ticket and getting points on your license, you could take your case to court and win it with WinIt!

So what are you waiting for? Get started today to avoid having to pay additional late fees on your traffic tickets.