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Michigan’s Move Over Law protects road personnel

By now most of us have heard of the “Move Over Law,” but I’m quite sure that there are drivers out there who haven’t. This is mostly due to what we are seeing out there. Hopefully, this article may clear up some confusion or misconceptions about the law and at the same time raise some awareness.

For those of us who work on and around our highways on a daily basis, we know firsthand the reasoning behind the law and its importance. Standing on side of the highway with six-thousand-pound vehicles whizzing by within a foot or two can be quite unnerving. Police officers, road construction workers, utility workers, rescue personnel, firemen, and tow truck drivers – we’ve all experienced it. Some of us have been even struck by vehicles while trying to do our jobs. I do not have statistics on the number of injuries or deaths attributed to these situations, but I can assure you incidents are occurring on a daily basis.

Michigan’s Emergency Vehicle Caution Law or “Move Over Law” was enacted in 2001 in an effort to help protect emergency personnel carrying out their duties on our highways. In 2004 it was amended to include tow-truck drivers or road-service vehicles as well.

It is a little different from the law that requires a motorist to yield to “approaching” emergency vehicles. This is the law that requires a motorist to slow and pull to the shoulder if an emergency vehicle with lights flashing is approaching from behind or from the opposite direction.

Penalties for violating the law include four points to your driving record and approximately $150 in fines. This is a misdemeanor violation.

Obviously, if police are responding to some type of serious incident, we need to get there as quickly as possible while keeping ourselves and others safe. We do appreciate the people out there who are paying attention, giving us some room, and who are adhering to the law. Consider this: We may be responding to an incident involving a loved one of yours.

The Move Over Law is an additional safeguard for stationary emergency vehicles, which comes into play when flashing lights are activated. Whether it’s a crash scene, a police officer on a traffic stop, or a tow truck removing a vehicle from the ditch, the law requires several things.

First, use common sense. Some situations are atypical, and you may need to use good judgement to keep yourself and others safe. Road conditions, weather and traffic often come into play and are factors in making good decisions.

For commonly seen situations such as a police officer on a traffic stop, the law requires a vehicle approaching from behind to exhibit due care and caution and move over into an open adjacent lane before proceeding by. If this isn’t possible due to oncoming traffic, weather, or road conditions, then you are required to slow down and pass with caution, allowing emergency vehicles as much space as possible.

At crash scenes or other incidents, responders may be directing the flow of traffic. Slow down, approach with caution and follow their directions. During inclement weather and/or slippery road conditions, allow additional space as you slow down. Do not spike your brakes, as it can cause you to lose control.

If there is an emergency vehicle parked on the shoulder without its emergency lights activated, the law does not apply, but common sense does.

Some other information and reminders worth mentioning:

The use of headlights. These are not only used so you can see in the dark, people need to see you as well. In fog, snow, rain, dust blowing, under parking decks, etc., headlights should be used. Even using these during daylight hours is good practice and can only help you.

Use of safety belts. Argue this point all you’d like, safety belts prevent injury and save lives. Ask a police officer for some examples.

Distracted driving. Texting, talking on the cell phone, fiddling with a fancy navigation system, etc. Anything that takes your eyes or attention off the road and your driving can help cause an undesired event.

Though there are many laws, tips, and suggestions out there to help protect the motoring public, you can’t always instill good driving habits, nor can you legislate common sense.

Matt Djerf is the community service trooper for the Michigan State Police-Calumet Post.

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