As of January 1, 2024, Florida's Move Over Act not only requires drivers to move over a lane for emergency and maintenance vehicles but also for any disabled vehicle on the side of the road.
The Details
What To Look Out For
According to the Florida Department of Highway Safety & Vehicles, the Move Over Act applies to the following roadside vehicles:
What To Do
The official Florida Statute 316.126 states that "when driving on an interstate highway or other highway with two or more lanes traveling in the direction of the [roadside vehicles]," drivers are required to:
According to the Florida Department of Highway Safety & Vehicles, the Move Over Act applies to the following roadside vehicles:
- stopped law enforcement
- emergency
- sanitation
- utility service vehicles
- tow trucks or wreckers
- maintenance or construction vehicles with displaying warning lights
- any disabled vehicle on the side of the road - whether or not hazard lights, emergency signage, or the driver or passengers of the vehicle are visible
What To Do
The official Florida Statute 316.126 states that "when driving on an interstate highway or other highway with two or more lanes traveling in the direction of the [roadside vehicles]," drivers are required to:
- Safely move away from the lane closest to the roadside vehicle(s)
- If it isn't safe to move lanes, slow down to at least 20 MPH under a posted speed limit of 25 MPH or greater
- Slow down to 5 MPH if the posted speed limit is 20 MPH or less
Changes In 2024
Florida's Move Over law was first enacted in 2002 to help prevent accidents against law enforcement, first responders, and other emergency officials. In 2014, sanitation and utility service vehicles were added to the law.
But on January 1, 2024, House Bill 425 went into effect, requiring Florida drivers to move over or slow down for any vehicle on the side of the road, whether it's a family re-organizing their luggage, a semi with a flat tire, or even an obviously stranded vehicle.
Why the Amendment?
A AAA study showed that between 2016 and 2020, each year about 350 drivers throughout the US were hit and killed while standing next to their disabled vehicle on the roadside. Within that same timeframe, there were 112 fatalities in Florida alone.
The data also shows that common violators are between the ages of 20 and 40. And State Representative Rick Roth of West Palm Beach - a co-sponsor of HB 425 - said that they're finding that "one of the worst places to pull over your car is in the turnpike or I-95."
Just last weekend, a 67-year old Road Ranger was struck by a 28-year old driving an SUV. The Road Ranger was assisting a disabled vehicle on the left shoulder of I-95 in Port St. Lucie. He died at the scene.
Forcing drivers to either move over or slow down for any vehicle will hopefully reduce the number of these types of avoidable accidents. You never know when a driver is going to get out of their vehicle.
But on January 1, 2024, House Bill 425 went into effect, requiring Florida drivers to move over or slow down for any vehicle on the side of the road, whether it's a family re-organizing their luggage, a semi with a flat tire, or even an obviously stranded vehicle.
Why the Amendment?
A AAA study showed that between 2016 and 2020, each year about 350 drivers throughout the US were hit and killed while standing next to their disabled vehicle on the roadside. Within that same timeframe, there were 112 fatalities in Florida alone.
The data also shows that common violators are between the ages of 20 and 40. And State Representative Rick Roth of West Palm Beach - a co-sponsor of HB 425 - said that they're finding that "one of the worst places to pull over your car is in the turnpike or I-95."
Just last weekend, a 67-year old Road Ranger was struck by a 28-year old driving an SUV. The Road Ranger was assisting a disabled vehicle on the left shoulder of I-95 in Port St. Lucie. He died at the scene.
Forcing drivers to either move over or slow down for any vehicle will hopefully reduce the number of these types of avoidable accidents. You never know when a driver is going to get out of their vehicle.
Firsthand Experience
Earlier this year, a Miami reporter road along with an FHP lieutenant to see how well drivers are abiding by Florida's Move Over law. The footage is disconcerting, as drivers fail to move over or slow down even for law enforcement, something we all should be acustomed to by now. But while this law is serious, law enforcement would rather use these opportunities to educate drivers rather just hand out fines.
Penalties
Fines
You could be fined up to $158 for not obeying Florida's Move Over law. But in certain circumstances - like not slowing down in a school zone - you could see a fine of up to $500.
Points
You could get 3 points added to your driver's license for disobeying the Move Over law. Research suggests that even 3 points can then increase your insurance rate by up to 23%, while 4 points can cause a 44% increase.
You could be fined up to $158 for not obeying Florida's Move Over law. But in certain circumstances - like not slowing down in a school zone - you could see a fine of up to $500.
Points
You could get 3 points added to your driver's license for disobeying the Move Over law. Research suggests that even 3 points can then increase your insurance rate by up to 23%, while 4 points can cause a 44% increase.
If You're the One On the Side of the Road
There are right and wrong ways to pull over and deal with roadside vehicle issues. Doing it right can save your life and influence others to obey the Move Over law.
- First, determine whether or not you can avoid having to pull over and instead safely pull off onto the next exit.
- If you do pull over, get as far over onto the shoulder as possible to put more distance between you and oncoming traffic. Just don't pull into the grass. You could lose control or even get stuck if it's wet or uneven.
- Immediately turn your hazard lights on so other drivers know to move lanes or slow down.
- If you're already pulled onto the shoulder and you call for assistance, stay inside your vehicle and stay alert.
- If you have to get out of your vehicle, only get out if there's ample room between you and oncoming traffic. Stay close to your vehicle, and do your best to avoid turning your back to traffic.
If you have been injured in a roadside accident, please call Wilkes & Mee today. Our Jacksonville car accident lawyers will quickly help you find medical help, investigate your accident, and negotiate with the insurance company.