Many Tampa Traffic Ticket Attorneys are often asked about Florida’s Move Over Statute about emergency vehicles on the side of the road. Florida Statute Section 316.126 specifically governs what Florida drivers are required to do when an emergency vehicle is either pulled over to the side of the road or traveling through the normal course of traffic. Violations of the move over statute result in a noncriminal traffic infraction or as a pedestrian violation depending on the specifics of the violation. As we discuss elsewhere on our Tampa Traffic Ticket Attorney blog, we have had great success assisting in individuals in examining these tickets for technical or substantive deficiencies and getting them dismissed.
As to the requirements for Tampa drivers when an emergency vehicle is approaching to meet an existing emergency, drivers are required to:
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 any law enforcement officer.
This Statute obviously requires Tampa drivers to both identify and respond to the ongoing emergency vehicle. Simply put, it requires individuals to “move over” and take all legal, reasonable steps to avoid obstructing the emergency vehicle while it proceeds through traffic. This is all covered under subsection (1)(a) of the Statute.
Subsection (b) of the Statute deals with what Florida drivers are required to do when an emergency vehicle is parked on the side of the road. The Statute provides several options. First, if the roadway has two or more travel lanes in the same direction as the emergency vehicle, the driver is required to move over one lane vacating the lane closest to the emergency vehicle. For example, if a vehicle is pulled over by law enforcement on the left side of I-275, a driver is required to pull over and vacate the left lane immediately beside law enforcement. Secondly, the Statute provides if the speed limit is over 25 miles an hour, the driver shall slow to a speed twenty (20) miles an hour less than the posted speed limit. If the speed limit is 20 miles an hour or less, the driver only has to slow to a speed five (6) miles an hour below the posted speed limit. This is the portion of the Statute that gets the majority of the media attention and the focus of the public information campaign because of the recent rash of deaths and serious injuries to first responders, while working on the side of the roads.
Lastly, the Move Over Statute also requires pedestrians to yield to authorized emergency vehicles. Obviously, this portion of the Statute isn’t a significant change and derivation from common sense and normal practices of individuals. In our experience as a Tampa traffic ticket attorney, we haven’t seen many of these tickets issued.
Fortunately, this Move Over Statute has seemingly reduced the dangers to both first responders and law enforcement and Florida drivers. Given the content of the Move Over Statute, the Florida Legislature obviously had significant concerns about the safety of both parties and it appears both goals have been met. The Statute also includes a portion concerning educating the public on the requirements of the Statute. It appears this education campaign has also significantly increased the safety for both drivers and first responders by educating folks of the requirements of the Statute.
If you or someone you now has questions concerning Florida’s “Move Over” Statute, contact the Tampa traffic ticket attorneys of Hackworth Law. We offer free case consultations and save you the time and money of going to court and contesting the charges yourself. If you would like to contact one of our Tampa traffic ticket attorneys immediately, please use the “contact us now” tab in the upper right hand corner of our website. We appreciate your time and attention in checking out our blog and we look forward to hearing from you.