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Move Over Law Clarifications - HB 2040

Submitted by Steve D. Vitolo, Program Manager - Traffic Law Enforcement and Judicial Programs, ODOT Transportation Safety Division

Steve Vitolo with Transportation Safety

Under the Move Over law, a driver must move over to another lane (if on a four-lane or more highway) when approaching an emergency vehicle, tow truck or roadside assistance vehicle that is stopped and displaying its emergency warning lights. If the driver cannot safely move over, she must slow down to a speed that is at least 5 miles per hour BELOW the posted speed of the roadway. HB 2040 enhances the law to increase safety on Oregon's roadways by adding vehicles to the list of "emergency vehicles" that require drivers to move over. It also defines what "slow down" means when it's unsafe to move over. The bill went into effect January 1, 2010.

Protecting Every Road User

The Oregon Department of Transportation encourages drivers to be alert and pay attention to the task at hand. People with disabled vehicles on the sides of highways, and those that are helping them, are especially vulnerable. The Move Over law helps keep everyone using Oregon's roads safe.

Key Elements

• Drivers must move over (or slow down) when roadside assistance or tow vehicles are providing assistance to disabled vehicles. The original law specified fire, ambulance and law enforcement vehicles; now, the presence of roadside assistance and tow vehicles requires moving over/slowing down.
• Slow down means reducing speed by at least five miles per hour below the posted speed limit. HB 2040 requires drivers to slow down at least 5 mph below the posted speed if making a lane change (moving over) is unsafe or impossible (i.e. two-lane road.)
• Most importantly, drivers should be alert. If you can safely move over when approaching

The fine is $287.00 ($400.00 if occurs in a school zone, safety corridor or workzone)

For More Information, view the bill online here (Click This Link)

Another Great Site, partnered with the National Association of Police Officers for more "Move Over" Resources (Click Here)