Understanding New Jersey’s Move Over Law: What Every Driver Should Know

Every day, emergency responders, police officers, and utility workers put their lives on the line to ensure our safety and maintain essential services. For them, the shoulder of the road often becomes their workplace—a workplace fraught with danger. Recognizing the risks these professionals face, New Jersey enacted the Move Over Law to protect them. Yet, many drivers remain unaware of what this law entails or the serious consequences of violating it. 

Here, we’ll break down New Jersey’s Move Over Law, its penalties, who it protects, and what steps you can take to comply with it.

What is New Jersey’s Move Over Law?

New Jersey’s Move Over Law, codified under N.J.S.A. 39:4-92.2, requires drivers to change lanes or reduce speed when approaching stationary emergency vehicles, tow trucks, or other service vehicles displaying flashing lights. 

Signed into law in 2009, the primary goal of this law is to ensure a buffer of safety for workers responding to emergencies or performing roadside duties.

In simpler terms:

• Change lanes: If you’re approaching a stationary vehicle with flashing lights on a multi-lane road, move over to a lane not adjacent to the vehicle, provided it’s safe to do so.
• Reduce speed: On single-lane roads or when lane changes are unsafe, slow down to a reasonable and prudent speed, giving extra space to the stationary vehicle.

The law applies to emergency vehicles, such as police cars, fire trucks, ambulances, tow trucks, highway maintenance vehicles, and utility vehicles with flashing amber, red, or blue lights.

Penalties for Violating the Move-Over Law

Failing to comply with the Move Over Law can result in significant penalties, including:

• Fines: Violators face fines ranging from $100 to $500.
• Points on your license: Though the law does not impose points, a violation may lead to points if other infractions are cited (e.g., reckless driving).
• Increased insurance rates: Traffic violations often trigger higher premiums, adding long-term financial consequences.

Beyond monetary fines, the emotional toll of causing harm to a roadside worker due to non-compliance can be devastating. In severe cases where an accident occurs, additional criminal charges could apply.

Who is Protected Under the Move-Over Law?

The law extends protection to:

• Emergency responders: Police, firefighters, and paramedics.
• Tow truck operators: Workers assisting stranded vehicles or clearing road obstructions.
• Road maintenance and utility workers: Employees perform essential tasks like repairing infrastructure or restoring power lines.
• Disabled vehicles: Drivers stopped on the shoulder with hazard lights activated.

By ensuring a safe distance, the Move Over Law minimizes the risk of secondary accidents, one of the leading causes of fatalities for roadside workers.

Common Misconceptions About the Move-Over Law

Despite its importance, there are several misconceptions about the Move Over Law:

• “It only applies to police vehicles.” The law applies to any stationary vehicle displaying flashing lights, including tow trucks and utility vehicles.
• “I only need to move over if there’s room.” While it’s true you should change lanes only if it’s safe, reducing speed and providing extra space is mandatory when a lane change isn’t possible.
• “I didn’t see the vehicle in time.” Drivers are expected to remain vigilant. Failure to notice roadside vehicles can still result in fines or liability.
• “It’s not enforced strictly.” Law enforcement actively monitors compliance. Public awareness campaigns and increased patrols have heightened enforcement efforts in recent years.

Notable New Jersey Cases Involving the Move-Over Law

One tragic case underscores the importance of this law. In 2011, New Jersey State Trooper Marc Castellano was struck and killed by a passing vehicle while responding to a roadside incident. His death became a rallying point for stricter enforcement of the Move Over Law and increased public awareness.

Cases like these highlight the life-or-death consequences of ignoring this critical safety measure.

What to Do If You’re Involved in a Move-Over Law Incident

If you’ve been injured or involved in an incident related to the Move Over Law, here are steps to take:

1. Ensure safety: Move to a safe location, if possible, to avoid further danger.
2. Call 911: Report the incident and request emergency assistance.
3. Document the scene: Take photos of the vehicles, flashing lights, and surrounding area.
4. Gather information: Exchange contact and insurance details with other parties involved.
5. Contact an attorney: If you’ve been injured in New Jersey due to someone else’s negligence, an experienced New Jersey personal injury attorney can help you understand your rights and pursue compensation.

How Rosengard Law Group Can Help

At Rosengard Law Group, we understand the devastating impact a roadside accident can have on victims and their families. If you or a loved one has been harmed due to someone’s failure to comply with the Move Over Law, our experienced attorneys can help you seek justice and compensation for your injuries.

To schedule a free consultation, contact us at Rosengard Law Group or call (856) 284-6446 today.