Whether you are a resident or a visitor to the State of Florida, you are required to abide by the “Move Over Law” that underwent some important changes that took effect on January 1, 2024. Failing to understand and obey the Move Over Law could result in points against your license and a hefty fine.
What Is the Florida Move Over Law?
Like most states, Florida has long had a Move Over Law that requires motorists to move over a lane for first responders, tow trucks, and municipal vehicles. The Move Over law was recently expanded, however, to encompass additional vehicles and to add a slow-down requirement. The new version of the law, which took effect January 1, 2024, obligates motorists to move over a lane for stopped law enforcement, emergency, sanitation, utility service vehicles, tow trucks or wreckers, maintenance or construction vehicles displaying warning lights, and any disabled vehicle on the side of the road. If you cannot safely move over, you are legally required to slow to a speed that is 20 m.p.h. less than the posted speed limit when the posted speed limit is 25 m.p.h. or more and slow down to 5 mph when the posted speed limit is 20 m.p.h. or less. In other words, if you are on a rural two-lane roadway where the speed limit is 55 m.p.h. and you cannot move over a lane, you are required to slow down to 35 m.p.h. when passing any of the covered vehicles on the side of the roadway. In a residential neighborhood where the speed limit is 20 m.p.h. you are required to slow down to 5 m.p.h.
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What Happens If I Violate the Florida Move Over Law?
As attorney Paul Reed mentions in his weekly podcast, many motorists are aware that they need to move over when there is a law enforcement vehicle attempting to get by or even when one is stopped on the side of the roadway. They may even understand that the obligation extends to firetrucks and ambulances; however, the vast majority of people are unaware of how many different vehicles are covered by the new Move Over Law nor that there is an additional obligation that requires them to slow down if they cannot safely move over. Consequently, motorists unintentionally violate the law on a regular basis.
If you are found to have violated the Florida Move Over Law, you will have three points assessed against your license and typically be required to pay a fine of around $150; however, that fine can increase to as much as $500 if there are aggravating circumstances, such as you were in a school zone at the time of the violation.
In addition, the goal of the Move Over Law is to prevent crashes that often occur when a motorist gets too close to vehicles covered under the law. According to the Florida Highway Safety and Motor Vehicles (FLHSMV) there were 170 crashes in 2022 that were caused, in whole or in part, by a violation of the Move Over Law. If a motorist is involved in a collision, and it can be proven that the motorist violated the Move Over law, that may be viewed as negligence on the part of the motorist, which can be used to hold that party legally liable for the crash and financially responsible for compensating any injured victims.
If you have additional questions or concerns about how the expansion of the Florida Move Over law impacts you or a crash you were involved in, contact the car accident attorneys at Reed & Reed.