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If you’ve ever been pulled over on the side of the highway when a car came whipping past you at a dangerously high speed, then you probably understand why Texas state lawmakers passed the Move Over Law. This article will explain what Texas’s Move Over Law is and how it affects you.

What Is the Texas Move Over Law

Texas’s Move Over Law requires you to move over when certain kinds of vehicles are parked along the side of the road or—when that’s impossible—to slow down. In other words, when specific vehicles (which we’ll describe in the next section) are pulled over on the side of the road for any reason, you will have one of two options:

• Switch lanes so that you are not traveling in the lane immediately beside the stopped vehicle.
• If you cannot switch lanes for whatever reason, slow down to 20 miles per hour below the speed limit (e.g., if the speed limit is 65, slow down to at most 45 miles per hour).

If you fail to take one of the above actions, you can be ticketed.

What Vehicles Are Included in This Law?  

Not every vehicle is included in Texas’s Move Over law. For example, most civilian vehicles are not included. Unfortunately, that means drivers do not have to afford you the same level of protection as you do for emergency vehicles. Here’s a list of vehicles that are included in the law:

• Texas Department of Transportation vehicles.
• Tow trucks and similar towing vehicles.
• Power utility vehicles, like those used in landscaping.
• Garbage, recycling, and other waste management vehicles.
• Emergency services vehicles (e.g., police cars, fire trucks, and ambulances).

If you are curious about whether a vehicle falls into one of these categories, it’s best to play it safe and move over or slow down just in case.

What Is the Fine for Not Moving Over?

Failure to adhere to Texas’s Move Over Law can result in serious fines and potentially even jail time. There are three tiers of penalties under the law. See the table below for more information:

Move over Law Defences

Although the law is strict on the matter of moving over, there are a few common defences that have been shown to have greater success when disputing tickets under Texas’s Move Over Law. Those defences are as follows:

The Weather Did Not Permit You to Move Over

If you are traveling in a torrential downpour, such as a hurricane, and you cannot possibly move lanes, then you might be able to have your ticket dismissed. This is often the case when you can prove that the weather created adverse conditions that prevented you from being able to safely move over, such as flooding that could have caused you to hydroplane.

It Wasn’t Safe to Move Lanes

If there is any kind of circumstance that makes it dangerous or otherwise unsafe to move lanes, you might be able to get your ticket dismissed. This law, like most traffic laws, was passed with the intention of making roads safer for drivers and passengers. 

With that in mind, judges often understand that merging into a lane that is, for example, engulfed in wildfire, is not going to make anybody safer. So, if you are driving past firefighters who are actively fighting a fire, you do not have to drive through the fire and flames to carry on.

Tips to Prevent Roadside Injuries

As we said earlier in this article, Texas’s Move Over Law was passed with the intention of making roads safer. In the spirit of that, we’ve compiled a list of tips and tricks to help you prevent roadside injuries when driving in Texas or elsewhere.

Remain Alert

Always keep your wits about you when driving. It’s possible for somebody to step out from behind a vehicle and into the road at a moment’s notice, leaving you only a split second to react. Remaining alert while driving can give you the time you need to get out of harm’s way.

Scan Ahead

Don’t just keep your eyes on the car in front of you. Keep your eyes on the road in front of them as well. It’s possible that you could see a hazard well in the distance, potentially even before the car in front of you has a chance to react to it.

Recognize the Amber Lights

Certain government vehicles in Texas rely on amber lights to signal their presence. Being able to recognize these lights can help to ensure that you know when to move over or slow down.

Don’t Tailgate

When you tailgate somebody, you put very little space between their vehicle and yours. The less space between your vehicles, the less time you have to react if they pump the brakes or swerve out of the way of something in the road. Maintaining a sizeable gap between you and them can help save lives.

Not only is tailgating a dangerous move when traveling at any speed, it’s also possible to get you a ticket for following too closely.

If You Can’t Move over, Slow Down

This one is less of a tip and more of a requirement. The law explicitly states that, if you cannot move over for whatever reason, you must slow down to a maximum speed of 20 miles per hour below the speed limit. For example, if the posted speed limit is 65 miles per hour, the slow-down speed limit becomes 45 miles per hour.

Be Aware of Road Conditions

Always pay attention to the road and the surrounding environment. If you see fallen trees, smoke, or fallen power lines, for example, it’s highly likely that there are response vehicles in the area to correct that problem. And, 9 times out of 10, those vehicles will be covered by Texas’s Move Over Law.

Hire Appwinit.Com to Fight Your Case

If you’ve gotten a ticket under Texas’s Move Over Law, take a deep breath and realize that you have options. Start by downloading the WinIt app from the App Store or Google Play. Then you can search the app for affordable, expert legal assistance from lawyers with years of experience fighting tickets just like yours. When you get a ticket, don’t give up and don’t pay it just yet. Hire a lawyer through the WinIt app to take that case to court and win it with WinIt.