Native_Floridian's Blog

Here is the actual law on the books taken directly from the websites at:

http://www.flhsmv.gov/fhp/misc/MoveOver.htm

and

http://www.leg.state.fl.us/Statutes/index.cfm?mode=
View%20Statutes&SubMenu=1&App_mode=Display_Statute&Sear
ch_String=&URL=CH0316/Sec126.HTM

Drivers are now required to "move over" or "slow down" when approaching an authorized emergency vehicle that is stopped on a highway in Florida. The "Move Over Act", passed during the 2002 session of the Florida Legislature, was signed by Governor Jeb Bush on May 1, 2002.

There are several important provisions concerning this new law. Effective July 1, 2002, on interstate highways or other highways with two or more lanes traveling in the direction of the emergency vehicle, and except when otherwise directed by a law enforcement officer, drivers approaching a law enforcement or other authorized emergency vehicle parked on a roadway with their emergency lights activated, are required to vacate the lane closest to the emergency vehicle, as soon as it is safe to do so.

When approaching a law enforcement or other authorized emergency vehicle parked on a two-lane roadway with their emergency lights activated, and except when otherwise directed by a law enforcement officer, drivers are required to slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at five miles per hour when the posted speed limit is 20 miles per hour or less.

The "Move Over Act", designed to protect law enforcement and other emergency workers on our highways, was sponsored by Senator Victor Crist, District 13, Tampa, and Representative Mark Flanagan, District 68, Bradenton. The support of the International Union of Police Associations (IUPA) was instrumental in getting this important piece of legislation passed.

During the five-year period of 1996-2000, motorists in Florida crashed into working law enforcement vehicles that were stopped/parked along Florida roadways 1,793 times, resulting in five deaths and 419 injuries.

====================== end of move over info =========================

---- Additional Information - More than you probably were really aware of! ----

The 2007 Florida Statutes
Title XXIII
MOTOR VEHICLES Chapter 316
STATE UNIFORM TRAFFIC CONTROL View Entire Chapter

 

--------------------------------------- End of additional information -------------------------

And what if you're on one of those multi lane highways and can not move over due to heavy traffic?  Well it's not on the website or in the above text, but this is how my State Licensed Traffic School Instructor said to handle this scenario:

Follow the SAME EXACT rule as for a two lane road where you slow down 20mph UNDER the posted speed, so if the posted speed is 50mph, you drop to 30MPH, if 30MPH, then your speed should be no more than 10mph before you even get near the patrol car or emergency vehicle off to the side of the road.  

And how many times have you passed them on a multi-lane road when they've been in the center lane on a multi-lane highway?   This would be handled the same as above.

And I've also noticed that when they have someone pulled over in the "center turning lanes" on a 5 lane highway, no one moves over to the farthest right (slow) lane either, but you're supposed to!

Just thought I'd toss in some more facts as to where this got started and how to handle some scenarios that some drivers may not be aware of either.

Well hope all you drivers in Florida may have learned something from all this information.

 

 

 

316.126  Operation of vehicles and actions of pedestrians on approach of authorized emergency vehicle.--

(1)(a)  Upon the immediate approach of an authorized emergency vehicle, while en route to meet an existing emergency, the driver of every other vehicle shall, when such emergency vehicle is giving audible signals by siren, exhaust whistle, or other adequate device, or visible signals by the use of displayed blue or red lights, yield the right-of-way to the emergency vehicle and shall immediately proceed to a position parallel to, and as close as reasonable to the closest edge of the curb of the roadway, clear of any intersection and shall stop and remain in position until the authorized emergency vehicle has passed, unless otherwise directed by any law enforcement officer.

(b)  When an authorized emergency vehicle making use of any visual signals is parked or a wrecker displaying amber rotating or flashing lights is performing a recovery or loading on the roadside, the driver of every other vehicle, as soon as it is safe:

1.  Shall vacate the lane closest to the emergency vehicle or wrecker when driving on an interstate highway or other highway with two or more lanes traveling in the direction of the emergency vehicle or wrecker, except when otherwise directed by a law enforcement officer.

2.  Shall slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road, except when otherwise directed by a law enforcement officer.

(c)  The Department of Highway Safety and Motor Vehicles shall provide an educational awareness campaign informing the motoring public about the Move Over Act. The department shall provide information about the Move Over Act in all newly printed driver's license educational materials after July 1, 2002.

This section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

(2)  Every pedestrian using the road right-of-way shall yield the right-of-way until the authorized emergency vehicle has passed, unless otherwise directed by any police officer.

(3)  Any authorized emergency vehicle, when en route to meet an existing emergency, shall warn all other vehicular traffic along the emergency route by an audible signal, siren, exhaust whistle, or other adequate device or by a visible signal by the use of displayed blue or red lights. While en route to such emergency, the emergency vehicle shall otherwise proceed in a manner consistent with the laws regulating vehicular traffic upon the highways of this state.

(4)  Nothing herein contained shall diminish or enlarge any rules of evidence or liability in any case involving the operation of an emergency vehicle.

(5)  This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

(6)  A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a moving violation for infractions of subsection (1) or subsection (3), or as a pedestrian violation for infractions of subsection (2).

History.--s. 1, ch. 71-135; s. 1, ch. 84-204; s. 122, ch. 99-248; s. 2, ch. 2002-217; s. 2, ch. 2004-20

So were you folks aware that this MOVE OVER LAW also INCLUDED WRECKERS picking up or off-loading vehicles?

Even I was unaware that wreckers were also protected under this law until I did some research after hearing FOX 35's report and thought there was still a lot of information that needed to be said!   And the above says it all!

 

So did you learn anything new that you didn't know before?   I **sure** did!

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