As of January 1, 2024, Florida’s Move Over law expanded beyond emergency and service vehicles to include certain disabled vehicles stopped on the side of the road.
The details
What to look out for
According to the Florida Department of Highway Safety and Motor Vehicles, Florida’s Move Over law applies when drivers approach certain stopped roadside vehicles.
These include:
- law enforcement vehicles
- emergency vehicles
- sanitation vehicles
- utility service vehicles
- tow trucks or wreckers
- road and bridge maintenance or construction vehicles displaying warning lights
- disabled vehicles stopped on the roadside with warning lights, hazard lights, emergency flares, emergency signage, or one or more people visibly present
What to do
Under Florida Statute 316.126, when driving on an interstate or highway with two or more lanes traveling in the same direction, drivers must move out of the lane closest to the stopped roadside vehicle as soon as it is safe.
If moving over is not safe, drivers must slow down:
- to 20 MPH below the posted speed limit when the speed limit is 25 MPH or greater
- to 5 MPH when the posted speed limit is 20 MPH or less
Changes in 2024
Florida’s Move Over law was first enacted in 2002 to help protect law enforcement officers, first responders, and other emergency personnel working on the roadside.
In 2014, the law expanded to include sanitation and utility service vehicles.
Then, effective January 1, 2024, House Bill 425 expanded the law again to include disabled motor vehicles that are stopped on the roadside and:
- display warning lights or hazard lights
- use emergency flares
- post emergency signage
- have one or more people visibly present
That change matters because roadside danger is not limited to police officers, firefighters, tow truck drivers, or construction crews. It also affects everyday drivers dealing with flat tires, mechanical problems, crashes, or other emergencies.
Why the amendment?
A AAA study found that from 2016 to 2020, an average of about 350 people per year were struck and killed while standing next to disabled vehicles on the roadside. Florida alone had 112 such fatalities during that period.
The data also showed that common violators are often between ages 20 and 40. State Representative Rick Roth of West Palm Beach, a co-sponsor of HB 425, noted that some of the most dangerous places to pull over include major roads like the Turnpike and I-95.
That risk is not theoretical.
Just before the original article was published, a 67-year-old Road Ranger was struck by a 28-year-old driver in an SUV while assisting a disabled vehicle on the left shoulder of I-95 in Port St. Lucie. He died at the scene.
The point of the law is simple: give people on the roadside more space. You never know when someone may step out of a disabled vehicle, walk around a car, check a tire, or wait for help.
Firsthand experience
Earlier this year, a Miami reporter rode along with an FHP lieutenant to see how well drivers were following Florida’s Move Over law.
The footage is disconcerting. Drivers failed to move over or slow down even for law enforcement vehicles, something most drivers should already be accustomed to doing.
While violations can result in fines, law enforcement often uses these stops to educate drivers rather than simply punish them. The goal is prevention.
Penalties
Fines
Drivers can be fined up to $158 for violating Florida’s Move Over law.
In certain situations, such as violations in a school zone, penalties may be higher.
Points
A Move Over violation can also add 3 points to your driver’s license.
That matters beyond the ticket itself. Points can affect your driving record and may increase your insurance rates.
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 problems. Doing it correctly can save your life and help other drivers recognize that they need to move over or slow down.
- Try to avoid stopping on the shoulder if possible.
If your vehicle can safely make it to the next exit, a gas station, parking lot, or less-busy road, that is usually safer than stopping on the highway shoulder. - Use the right shoulder when you must pull over.
If you have to stop immediately, move as far onto the right shoulder as possible. The right shoulder is generally safer because it is next to the slower-moving lane. - Do not pull into unstable grass unless necessary.
Wet, soft, or uneven grass can cause you to lose control or get stuck. - Turn on your hazard lights immediately.
This helps approaching drivers recognize that your vehicle is disabled and that they need to move over or slow down. - Stay inside the vehicle if it is safest.
If you are already on the shoulder and waiting for help, staying inside may be safer than standing near traffic. - Be extremely careful before exiting.
If you must get out, only do so when there is enough room between you and traffic. Exit away from traffic when possible, stay close to the vehicle, and avoid turning your back to approaching cars.