Florida’s Move Over Law Has Drivers Switching Lanes
Florida’s move over law (Florida Statutes section 316.126) has been on the books for several years now. But big changes effective in 2024 have some drivers getting stopped by the police for what they thought was not against the rules of the road.
Law enforcement in St. Johns County frequently stops drivers for violations of the move over law. Mydock Law has defended numerous DUI cases where the initial stop was for violations of the “move over” law, both the old and new law.
If you were arrested for DUI or drug charges as a result of a violation of Florida’s move over law, or if you need an attorney to fight a traffic ticket attorney in St. Johns County, contact Mydock Law at (904) 864-3002 for a free consultation.
Who Does the Florida Move Over Law Affect?
Florida’s expanded law includes non-emergency vehicles with persons visibly present.
Florida drivers are required to “move over” for an emergency vehicle that is parked on the roadside while displaying any visual signals.
Drivers on the roads of Florida must also now “move over” for any disabled vehicle that is:
- Stopped and displaying warning lights or hazard lights;
- Stopped and using emergency flares or posting emergency signage; or
- Stopped with one or more persons visibly present.
If you were arrested for DUI or drug charges as a result of a violation of Florida’s move over law, or if you need an attorney to fight a traffic ticket attorney in St. Johns County, contact Mydock Law at (904) 864-3002 for a free consultation.
Florida’s move over law applies on the interstate and when driving on a two-lane road. The Florida move over law applies when driving on an interstate highway. The Florida move over law also applies when driving on a two-lane road or more.
What Is the Correct Way To “Move Over” in Florida?
When driving on the interstate or other road with two or more lanes, the driver shall vacate the lane closest to the vehicle on the roadside, except when otherwise directed by a law enforcement officer.
If such movement cannot be safely accomplished, the driver shall reduce speed to a speed that is 20 miles per hour less than the posted speed (when the posted speed limit is 25 miles per hour or greater) or travel at 5 miles per hour (when the posted speed limit is 20 miles per hour or less); except when otherwise directed by a law enforcement officer.
What Is the Penalty for a Violation of the Move Over Law?
A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a moving violation for infractions of subsection (1) or subsection (3), or as a pedestrian violation for infractions of subsection (2). The penalty includes a fine and 3 points.
However, in some cases, this could be a lawful basis for a stop that could lead to bigger problems than a traffic ticket. If you were arrested for DUI or drug charges as a result of a violation of Florida’s move over law, or if you need an attorney to fight a traffic ticket attorney in Saint Johns County, contact Mydock Law at (904) 864-3002 for a free consultation.
Does a Conviction for the Move Over Law Include Points?
A conviction for the move over law includes a fine and the assessment of 3 points. Hiring an attorney may be able to help avoid the assessment of points to a driver’s record. If a driver demands a hearing, they are subject to a maximum fine of $500.00 (per Florida Statute 318.14).
The driver can pay the civil penalty. By doing so, however, they have admitted the infraction and waived his or her right to a hearing on the issue of commission of the infraction.
The driver can elect to have a hearing on the commission of the civil infraction. Any person electing to appear before the designated official (or who is required so to appear) shall be deemed to have waived his or her right to the civil penalty provisions of s. 318.18. The official, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven, the official may impose a civil penalty not to exceed $500,
The driver can hire an attorney to request a withhold of the points. Florida Statue, section 318.14(11) provides that if adjudication is withheld, such action is not a conviction.
if you need an attorney to fight a traffic ticket attorney in St. Johns County, contact Mydock Law at (904) 864-3002 for a free consultation.
See:
STATE OF FLORIDA – APPENDIX ” C ” V CLASSIFICATION
What Are the Specifics of Florida’s Move Over Law?
FLORIDA STATUES (2023) – effective 2024, provides:
316.126 Operation of vehicles and actions of pedestrians; approach of authorized emergency, sanitation, or utility service vehicle, wrecker, or road and bridge maintenance or construction vehicle; presence of disabled motor vehicle.—
(1)(a) Upon the immediate approach of an authorized emergency vehicle, while en route to meet an existing emergency, the driver of every other vehicle shall, when such emergency vehicle is giving audible signals by siren, exhaust whistle, or other adequate device, or visible signals by the use of displayed blue or red lights, yield the right-of-way to the emergency vehicle and shall immediately proceed to a position parallel to, and as close as reasonable to the closest edge of the curb of the roadway, clear of any intersection and shall stop and remain in position until the authorized emergency vehicle has passed, unless otherwise directed by a law enforcement officer.
(1)(b) If an authorized emergency vehicle displaying any visual signals is parked on the roadside, a sanitation vehicle is performing a task related to the provision of sanitation services on the roadside, a utility service vehicle is performing a task related to the provision of utility services on the roadside, a wrecker displaying amber rotating or flashing lights is performing a recovery or loading on the roadside, a road and bridge maintenance or construction vehicle displaying warning lights is on the roadside without advance signs and channelizing devices, or a disabled motor vehicle is stopped and is displaying warning lights or hazard lights; is stopped and is using emergency flares or posting emergency signage; or is stopped and one or more persons are visibly present, the driver of every other vehicle, as soon as it is safe:
1. Shall vacate the lane closest to the emergency vehicle, sanitation vehicle, utility service vehicle, wrecker, road and bridge maintenance or construction vehicle, or disabled motor vehicle when driving on an interstate highway or other highway with two or more lanes traveling in the direction of the emergency vehicle, sanitation vehicle, utility service vehicle, wrecker, road and bridge maintenance or construction vehicle, or disabled motor vehicle except when otherwise directed by a law enforcement officer. If such movement cannot be safely accomplished, the driver shall reduce speed as provided in subparagraph
2. Shall slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road, except when otherwise directed by a law enforcement officer.
(1) (c) The Department of Highway Safety and Motor Vehicles shall provide an educational awareness campaign informing the motoring public about the Move Over Act. The department shall provide information about the Move Over Act in all newly printed driver license educational materials.
(2) Every pedestrian using the road right-of-way shall yield the right-of-way until the authorized emergency vehicle has passed, unless otherwise directed by a law enforcement officer.
(3) An authorized emergency vehicle, when en route to meet an existing emergency, shall warn all other vehicular traffic along the emergency route by an audible signal, siren, exhaust whistle, or other adequate device or by a visible signal by the use of displayed blue or red lights. While en route to such emergency, the emergency vehicle shall otherwise proceed in a manner consistent with the laws regulating vehicular traffic upon the highways of this state.
(4) This section does not diminish or enlarge any rules of evidence or liability in any case involving the operation of an emergency vehicle.
(5) This section does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
(6) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a moving violation for infractions of subsection (1) or subsection (3), or as a pedestrian violation for infractions of subsection (2).
History.—s. 1, ch. 71-135; s. 1, ch. 84-204; s. 122, ch. 99-248; s. 2, ch. 2002-217; s. 2, ch. 2004-20; s. 3, ch. 2009-183; s. 7, ch. 2014-216; s. 7, ch. 2021-186; s. 1, ch. 2023-197.
See: Florida Statues (2023), Section 316.126
What Was the Old Version of Florida’s Move Over Law?
FLORIDA STATUTES (2022) provides:
316.126 Operation of vehicles and actions of pedestrians on approach of an authorized emergency, sanitation, or utility service vehicle.—
(1)(a) Upon the immediate approach of an authorized emergency vehicle, while en route to meet an existing emergency, the driver of every other vehicle shall, when such emergency vehicle is giving audible signals by siren, exhaust whistle, or other adequate device, or visible signals by the use of displayed blue or red lights, yield the right-of-way to the emergency vehicle and shall immediately proceed to a position parallel to, and as close as reasonable to the closest edge of the curb of the roadway, clear of any intersection and shall stop and remain in position until the authorized emergency vehicle has passed, unless otherwise directed by a law enforcement officer.
(b) If an authorized emergency vehicle displaying any visual signals is parked on the roadside, a sanitation vehicle is performing a task related to the provision of sanitation services on the roadside, a utility service vehicle is performing a task related to the provision of utility services on the roadside, a wrecker displaying amber rotating or flashing lights is performing a recovery or loading on the roadside, or a road and bridge maintenance or construction vehicle displaying warning lights is on the roadside without advance signs and channelizing devices, the driver of every other vehicle, as soon as it is safe:
1. Shall vacate the lane closest to the emergency vehicle, sanitation vehicle, utility service vehicle, wrecker, or road and bridge maintenance or construction vehicle when driving on an interstate highway or other highway with two or more lanes traveling in the direction of the emergency vehicle, sanitation vehicle, utility service vehicle, wrecker, or road and bridge maintenance or construction vehicle except when otherwise directed by a law enforcement officer. If such movement cannot be safely accomplished, the driver shall reduce speed as provided in subparagraph 2.
2. Shall slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road, except when otherwise directed by a law enforcement officer.
(1)(c) The Department of Highway Safety and Motor Vehicles shall provide an educational awareness campaign informing the motoring public about the Move Over Act. The department shall provide information about the Move Over Act in all newly printed driver license educational materials.
(2) Every pedestrian using the road right-of-way shall yield the right-of-way until the authorized emergency vehicle has passed, unless otherwise directed by a law enforcement officer.
(3) An authorized emergency vehicle, when en route to meet an existing emergency, shall warn all other vehicular traffic along the emergency route by an audible signal, siren, exhaust whistle, or other adequate device or by a visible signal by the use of displayed blue or red lights. While en route to such emergency, the emergency vehicle shall otherwise proceed in a manner consistent with the laws regulating vehicular traffic upon the highways of this state.
(4) This section does not diminish or enlarge any rules of evidence or liability in any case involving the operation of an emergency vehicle.
(5) This section does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
(6) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a moving violation for infractions of subsection (1) or subsection (3), or as a pedestrian violation for infractions of subsection (2).
History.—s. 1, ch. 71-135; s. 1, ch. 84-204; s. 122, ch. 99-248; s. 2, ch. 2002-217; s. 2, ch. 2004-20; s. 3, ch. 2009-183; s. 7, ch. 2014-216; s. 7, ch. 2021-186.
Florida Statues (2022), Section 316.126: www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.126.html
Attorney for Speeding Ticket in St. Augustine
Attorney Travis Mydock is a Board-Certified Specialist in Criminal Trial Law by The Florida Bar. His practice is limited to DUI/BUI and criminal defense.
Mydock Law is a boutique criminal defense law firm located in St. Augustine, Florida. The firm frequently defends traffic tickets and criminal cases in the Seventh Judicial Circuit: Flagler, Putnam, St. Johns, and Volusia counties; the Fourth Judicial Circuit: Clay and Duval counties; and the Eighth Judicial Circuit: Alachua, Bradford, and Baker counties.
Attorney Mydock has experience in Florida traffic law. Mydock Law frequently defends cases in the following counties:
St. Johns County Traffic Tickets
Flagler County Traffic Tickets
Duval County Traffic Tickets
Clay County Traffic Tickets
Putnam County Traffic Tickets
Volusia County Traffic Tickets
If you received a speeding ticket or traffic ticket in St. Augustine or surrounding areas, call Mydock Law at (904) 864-3002 for a free and confidential case evaluation.
Revised March 12, 2024
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Sources:
STATE OF FLORIDA – APPENDIX ” C ” V CLASSIFICATION | State of Florida
Florida Statutes Section 316.126
2022 Florida Statutes (including 2022C, 2022D, 2022A, and 2023B)