LEGAL EASE
by Shane Givens and Summer McWhorter

July 31, 2013

The message? Move over!


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Move over Alabama. That is the message the Alabama Legislature is sending to those who drive the roads.
In 2006, the Legislature passed a law that required drivers to move over into the left lane for police and fire vehicles when emergency lights were activated. This law was amended to include wreckers and utility service vehicles.

The law is found in section 32-5A-58.2 of the Code of Alabama and is known as the Alabama Move Over Act. Under this law, drivers are required to be on the lookout for any “authorized law enforcement vehicle or emergency vehicle making use of any visual signals” this includes when a vehicle “is parked, or a wrecker displaying amber rotating or flashing lights is performing a recovery or loading on the roadside.”

The purpose of this law is to improve the safety of workers that fit under these different categories. Now a new group has been added to the Alabama Move Over Act. Beginning Aug. 1, 2013, garbage trucks will also be included in this law. This includes garbage, trash, refuse, or recycling collection vehicles that are stopped on the side of the road.

There are similar laws in almost every other state. Rep. Mac McCutcheon and Sen. Dick Brewbaker introduced the legislation in their respective houses. The goal is to make Alabama highways safer and to make drivers more aware of those working on the side of the road.

Over 170 law enforcement officers have been killed since 1999 by being struck by motor vehicles. Working on the side of the road is dangerous and the Legislature hopes to minimize that danger for emergency responders, utility workers, and garbage collectors.

Drivers are supposed to move over when the covered groups are on the side of the road with their emergency lights activated. If moving over is not possible, or safe, drivers must slow down to 15 mph below the posted speed limit. If the speed limit is 20 mph or less, drivers must slow to 10 mph. Law enforcement officers may write tickets for drivers who fail to properly move over or slow down. The first offense carries a $25 fine. Fines increase for the second and subsequent tickets. The second ticket comes with a fine of $50 and every ticket after comes with a fine of $100.

To review, if driving on a four-lane road:
• Move over one lane
• If unable to safely move over, slow down to a speed at least 15 mph under the posted speed limit

If driving on a two-lane road:
• Move over as far as possible without leaving the lane
• Slow down to at least 15 mph below the speed limit
• If speed limit is 20 mph or less then slow down to 10 mph

Please drive safely and pay attention to what is going on around you. Remember: Move Over Alabama.

This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. Please e-mail questions for future columns to givenslaw@tds.net.