From 2016 to 2020, 37 individuals were killed outside disabled vehicles in New York. The Move Over Law was enacted to prevent those tragedies and make New York’s roadways safer for all. New York State has expanded the Move Over Law to include all vehicles that are stopped on the shoulder of any parkway or controlled access highway. An example of exercising due care would be moving from a lane which contains or is immediately adjacent to the shoulder where such motor vehicle is parked, stopped or standing to another lane. This ensures that the stopped motorist or emergency responders can safely exit their vehicles as needed. Having an empty lane between the stopped vehicle and flowing traffic on a parkway or highway could be the difference between life and death given the higher speed limits on the Vestal Parkway, SR 26, SR 201 and SR 17. 

§ 1144-a. Operation of vehicles when approaching a parked, stopped or standing authorized emergency vehicle, hazard vehicle, vehicle displaying a blue or green light or certain other motor vehicles.

(a) Every operator of a motor vehicle shall exercise due care to avoid colliding with an authorized emergency vehicle which is parked, stopped or standing on the shoulder or any portion of such highway and such authorized emergency vehicle is displaying one or more red or combination red and white lights pursuant to the provisions of paragraph two of subdivision forty-one of § 375 (Equipment) or is displaying one or more blue, combination blue and red or combination blue, red and white lights pursuant to the provisions of subparagraph b of paragraph four of subdivision forty-one of § 375 (Equipment). For operators of motor vehicles on parkways or controlled access highways, such due care shall include, but not be limited to, moving from a lane which contains or is immediately adjacent to the shoulder where such authorized emergency vehicle displaying one or more red, blue or white or any combination of red and white lights or blue or combination blue and red or combination blue, red and white lights pursuant to the provisions of paragraph two or subparagraph b of paragraph four, as applicable of subdivision forty-one of § 375 (Equipment) is parked, stopped or standing to another lane, provided that such movement otherwise complies with the requirements of this chapter including, but not limited to, the provisions of sections eleven hundred ten of this title and eleven hundred twenty-eight of this title.

(b) Every operator of a motor vehicle shall exercise due care to avoid colliding with a hazard vehicle which is parked, stopped or standing on the shoulder or on any portion of such highway and such hazard vehicle is displaying one or more amber lights pursuant to the provisions of paragraph three of subdivision forty-one of § 375 (Equipment) or, if such hazard vehicle is designed for the towing or pushing of disabled vehicles such hazard vehicle is displaying one or more amber lights or one or more blue or combination blue and amber lights pursuant to the provisions of paragraph three or subparagraph b-1 of paragraph four, as applicable, of subdivision forty-one of § 375 (Equipment) or, if such hazard vehicle owned and operated by the state or by a county, city, town or village is designed for the removal of ice and snow such hazard vehicle is displaying one or more amber lights or one or more green or combination green and amber lights pursuant to the provisions of paragraph three or subparagraph (c) of paragraph five, as applicable, of subdivision forty-one of § 375 (Equipment). For operators of motor vehicles on parkways or controlled access highways, such due care shall include, but not be limited to, moving from a lane which contains or is immediately adjacent to the shoulder where (i) such hazard vehicle displaying one or more amber lights pursuant to the provisions of paragraph three of subdivision forty-one of § 375 (Equipment) or (ii) such hazard vehicle designed for the towing or pushing of disabled vehicles displaying one or more amber lights or one or more blue or combination blue and amber lights pursuant to the provisions of paragraph three or subparagraph b-1 of paragraph four, as applicable, of subdivision forty-one of § 375 (Equipment) or (iii) such hazard vehicle owned and operated by the state or by a county, city, town or village is displaying one or more amber lights or one or more green or combination green and amber lights pursuant to the provisions of paragraph three or subparagraph (c) of paragraph five, as applicable, of subdivision forty-one of § 375 (Equipment), is parked, stopped or standing to another lane, provided that such movement otherwise complies with the requirements of this chapter including, but not limited to, the provisions of sections eleven hundred ten and eleven hundred twenty-eight of this title.

(c) Every operator of a motor vehicle shall exercise due care to avoid colliding with a vehicle displaying a blue light pursuant to the provisions of paragraph four or a green light pursuant to the provisions of paragraph five of subdivision forty-one of § 375 (Equipment) which is parked, stopped or standing on the shoulder or any portion of such highway. For operators of motor vehicles on parkways or controlled access highways, such due care shall include, but not be limited to, moving from a lane which contains or is immediately adjacent to the shoulder where such vehicle displaying a blue light pursuant to the provisions of paragraph four or a green light pursuant to the provisions of paragraph five of subdivision forty-one of § 375 (Equipment) is parked, stopped or standing to another lane, provided that such movement otherwise complies with the requirements of this chapter including, but not limited to, the provisions of sections eleven hundred ten and eleven hundred twenty-eight of this title.

(d) Every operator of a motor vehicle on a parkway and on a controlled-access highway shall exercise due care to avoid colliding with a motor vehicle which is parked, stopped or standing on the shoulder or any portion of such parkway or controlled-access highway. For the purposes of this subdivision, such due care shall include, but not be limited to, moving from a lane which contains or is immediately adjacent to the shoulder where such motor vehicle is parked, stopped or standing to another lane, provided that such movement otherwise complies with the requirements of this chapter including, but not limited to, the provisions of sections eleven hundred ten and eleven hundred twenty-eight of this title.

What Are the Penalties for New York’s Move Over Law?

• Fines: A conviction for violating VTL 1144-a(a), New York’s Move Over Law, can result in a fine of up to $150 for a first offense. A second offense within 18 months of the first means a fine of up to $300. A third offense within 18 months means a fine of up to $450. 
• Points: New York’s Move Over Law is a 2-point offense. 
• Surcharges: Like most moving violations in New York, drivers are obligated to pay a state surcharge of $88 or $93 upon conviction for New York’s Move Over Law. 
• Driver Responsibility Assessment (DRA) fee: Receiving 6 points within 18 months requires drivers to pay an additional fine called the Driver Responsibility Assessment (DRA). This is separate from the fine and is paid directly to the DMV. A DRA costs $300 for the first six points. Each additional point adds another $75. 
• Auto insurance increase: New York’s Move Over Law is a moving violation and can have an impact on one’s insurance premiums. Studies have shown that a conviction for a moving violation can result in a hike in rates of up to 20%, sometimes more.