Move Over Law

What is the Move Over Law

Ohio’s Move Over Law is intended to keep police, fire fighters, EMS, tow truck operators, highway and maintenance workers safe from passing traffic. The law requires any and all motorists to change lanes if possible, or if not, then slow down (recommended 20 MPH lower than posted speed limit) and proceed with caution to avoid getting to close to vehicles stopped on the side of the road when their emergency lights are activated.

Did You Know

  • One tow truck operator is killed every six days
  • 23 highway workers are killed every month
  • 5 fire fighters are killed every year
  • 1 law enforcement officer is killed a month

This is all due to the fact that motorists are failing to move over in the United States

Violations and Costs

If you fail to comply with the Move Over law and your driving record is clean, it’s a minor misdemeanor. You’ll have to pay $300 in fines (double the $150 usually associated with minor misdemeanors).

If you have been convicted of or pleaded guilty to a traffic or motor vehicle offense within the past year, it’s a 4th degree misdemeanor – that can mean up to 30 days of jail time. You’ll have to pay a fine of $500.

If you have 2 or more offenses within the past year, it’s a 3rd degree misdemeanor, which carries up to 60 days of jail time. You’ll have to pay a $1000 fine.

Official Law Reading

4511.213 Approaching stationary public safety vehicle displaying emergency light.

(A) The driver of a motor vehicle, upon approaching a stationary public safety vehicle, emergency vehicle, road service vehicle, vehicle used by the public utilities commission to conduct motor vehicle inspections in accordance with sections 4923.04 and 4923.06 of the Revised Code, or a highway maintenance vehicle that is displaying the appropriate visual signals by means of flashing, oscillating, or rotating lights, as prescribed in section 4513.17 of the Revised Code, shall do either of the following:

(1) If the driver of the motor vehicle is traveling on a highway that consists of at least two lanes that carry traffic in the same direction of travel as that of the driver’s motor vehicle, the driver shall proceed with due caution and, if possible and with due regard to the road, weather, and traffic conditions, shall change lanes into a lane that is not adjacent to that of the stationary public safety vehicle, emergency vehicle, road service vehicle, vehicle used by the public utilities commission to conduct motor vehicle inspections in accordance with sections 4923.04 and 4923.06 of the Revised Code, or a highway maintenance vehicle.

(2) If the driver is not traveling on a highway of a type described in division (A)(1) of this section, or if the driver is traveling on a highway of that type but it is not possible to change lanes or if to do so would be unsafe, the driver shall proceed with due caution, reduce the speed of the motor vehicle, and maintain a safe speed for the road, weather, and traffic conditions.

(B) This section does not relieve the driver of a public safety vehicle, emergency vehicle, road service vehicle, vehicle used by the public utilities commission to conduct motor vehicle inspections in accordance with sections 4923.04 and 4923.06 of the Revised Code, or a highway maintenance vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway.

(C) No person shall fail to drive a motor vehicle in compliance with division (A)(1) or (2) of this section when so required by division (A) of this section.

(D)

(1) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(2) Notwithstanding section 2929.28 of the Revised Code, upon a finding that a person operated a motor vehicle in violation of division (C) of this section, the court, in addition to all other penalties provided by law, shall impose a fine of two times the usual amount imposed for the violation.

Amended by 130th General Assembly File No. 57, SB 137, §1, eff. 12/19/2013.

Effective Date: 01-01-2004; 2009 HB2 07-01-2009

Related Legislative Provision: See 130th General Assembly File No. 57, SB 137, §4.credit for the text of the law – www.codes.ohio.gov/orc/4511.213