When an officer or tow truck driver is called to assist someone on the roadside, they often face the risk of injury or even death as they work inches from speeding traffic.
Decreasing the likelihood of such tragic incidents is as simple as safely changing lanes, but some drivers ignore or are not aware of the “Move–Over” law.
Enacted in 2001, the Michigan state law requires that drivers move lanes when they see emergency lights and an emergency vehicle or tow truck operating on the roadside. When a driver safely passes into the adjacent lane during this situation, it allows more room for the vehicle to assist at the side of the ride and reduces the chance for injury, property damage or death, according to Niles Police Department Sergeant Scott Swanson.
“We do not want anyone to get hurt,” Swanson said. “It happens every day in the U.S. where cops get clipped or rear ended [during roadside assistance].”
Here in the Michiana community, drivers disobeying the law has become an issue for Tony Millin, tow truck operator for Millin Group LLC, Towing. Millin contacted the Niles Police Department hoping to do something to bring the law to the public’s attention.
Millin has operated his tow truck business for the past nine months and has since felt endangered during roadside assistance jobs.
In 2004, tow trucks and emergency vehicles were included in the law, but some people are still unaware that the law also applies to tow vehicles.
“It is scary,” Millin said. “We are doing our best to try to make sure people are getting home safe and we ask that people do their best to make sure that we get home safe.”
Last month Millin said he was nearly clipped while assisting a vehicle on the road side, where Highway 31 meets U.S. 20 in South Bend. During the assist, Millin had to leap onto his truck bed to avoid a careening car, he said.
The penalty for violating the law is a misdemeanor charge that could result in losing four license points. If a person is injured or killed due to violation of the law, the perpetrator could spend up to 15 years in prison and get a $7,500 fine, according to Swanson.
The law is important to assure the safety of those operating on the roadside. Oftentimes in these instances, emergency or service operators are working with their backs to traffic.
“When people fly by us and do not obey the move over law, then it could potentially cause problems with injury or hurt someone,” Swanson said. “Just slow down and be cautious and courteous.”
Swanson advised that as soon as drivers see emergency lights up ahead, they move over if possible on a two-lane road with traffic traveling in the same direction or they begin slowing down so that they can pass with caution. The driver should slow enough so that speed is not a hazardous factor in passing.
“[Slow enough] so that there will not be any chance that you lose control,” Swanson said. “ And so there will not be any chance that you become distracted by the lights.
While the law does not apply if the vehicle does not have its emergency lights turned on, authorities advise for drivers to always practice caution and care when passing in these situations.
The vehicles that the “Move-Over” law applies to include police, fire, rescue, ambulance and road service, which includes tow trucks or courtesy vehicles operated by the Michigan Department of Transportation.
The following is an outline of move over laws:
Roads with two or more lanes traveling in the same direction
• When approaching a stationary emergency vehicle or tow truck with emergency lights on, change lanes as soon as the emergency lights are spotted and it is safe to move over.
• If moving over is impossible due to traffic or road conditions slow down and pass with caution.
On a one lane road
• If an emergency vehicle or tow truck with emergency lights on is spotted on a one-way road, slow down and pass with caution.
For more information visit www.michigan.gov/msp.