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Brian4Liberty
05-29-2013, 07:46 PM
So apparently they are doing this in many States. Most people are unaware of these new move-over laws (details below). Basically they will set-up with multiple Highway Patrol or Police cars on the side of the road, with lights flashing. You will pass by and wonder what that was all about. They will pull over everyone who passes the cars, unless you follow very specific rules. Must be a good money maker. Oh yeah, it's for Officer Safety!

Three felonies a day, and untold violations...

The laws vary by State.


Question: Could you please explain the correct way for vehicles to pass a patrol car sitting on the shoulder of the road with lights flashing and an officer writing a ticket, for example. I've heard new rules had been instituted in recent years due to several serious accidents related to situations like this, and the fines for violation are quite hefty. How about when an ambulance or aid car has lights flashing while parked on the side of the road?

Answer: The RCW is fairly lengthy but covers quite a bit of valuable information. I have copied it below. The law covers not only emergency vehicles, but also tow-truck operators and highway workers. The basic premise is, you need to change lanes away from them if you are on a multi-lane road and it is safe to do so. If you cannot change lanes, you need to slow to at, or below, the posted speed limit as you pass them. (Or 20 mph below the speed limit in some States)

RCW 46.61.212 Approaching emergency zones - Penalty - Violation.

(1) The driver of any motor vehicle, upon approaching an emergency zone, which is defined as the adjacent lanes of the roadway two hundred feet before and after (a) a stationary authorized emergency vehicle that is making use of audible and/or visual signals meeting the requirements of RCW 46.37.190, (b) a tow truck that is making use of visual red lights meeting the requirements of RCW 46.37.196, (c) other vehicles providing roadside assistance that are making use of warning lights with 360-degree visibility, or (d) a police vehicle properly and lawfully displaying a flashing, blinking or alternating emergency light or lights, shall:

(i) On a highway having four or more lanes, at least two of which are intended for traffic proceeding in the same direction as the approaching vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right of way by making a lane change or moving away from the lane or shoulder occupied by the stationary authorized emergency vehicle or police vehicle;

(ii) On a highway having less than four lanes, proceed with caution, reduce the speed of the vehicle, and, if reasonable, with due regard for safety and traffic conditions, and under the rules of this chapter, yield the right of way by passing to the left at a safe distance and simultaneously yield the right of way to all vehicles traveling in the proper direction upon the highway; or

(iii) If changing lanes or moving away would be unreasonable or unsafe, proceed with due caution and reduce the speed of the vehicle.

(2) A person may not drive a vehicle in an emergency zone at a speed greater than the posted speed limit.

(3) A person found to be in violation of this section, or any infraction relating to speed restrictions in an emergency zone, must be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced or suspended.

(4) A person who drives a vehicle in an emergency zone in such a manner as to endanger or be likely to endanger any emergency zone worker or property is guilty of reckless endangerment of emergency zone workers. A violation of this subsection is a gross misdemeanor punishable under chapter 9A.20 RCW.

(5) The department shall suspend for 60 days the driver's license, permit to drive or nonresident driving privilege of a person convicted of reckless endangerment of emergency zone workers.

Read more here: http://www.thenewstribune.com/2013/04/14/2554359/rules-of-the-road-whats-the-law.html#storylink=cpy


http://en.wikipedia.org/wiki/Move_over_law

Move Over laws were originated in the US after a South Carolina Paramedic, James D. Garcia, was struck and injured at an accident scene Jan. 28, 1994, in Lexington, SC. Garcia was listed at fault, leading to his work to create a law to protect other emergency responders. SC's version (SC 56-5-1538) passed in 1996, and was revised in 2002.

After a series of similar events across the US in 2000, the US Dept of Transportation and Federal Highway Administration began to address the issue of Emergency Scene Safety, and issued recommended changes for the new MUTCD (Manual of Uniform Traffic Control Devices) that finally addressed the need for improved standards and protection for Emergency Workers. With the further assistance of public interest groups such as the Emergency Responder Safety Institute (www.respondersafety.com), "Move Over Laws" became standard across the US and Canada.

In United States, the move over laws are aimed at protecting emergency responders working along the roadside. Forty-nine U.S. states have passed move over laws, which were promoted in response to increasing roadside fatalities in the line of duty. The law require drivers, upon noticing either emergency vehicle with sirens or flashing lights, to move away from the vehicle by one lane, or if that is not possible, slow down by 20 mph (32kmh) below the posted speed limit. This includes law enforcement vehicles, fire trucks and ambulances. In New York State, drivers must use due care when approaching an emergency vehicle that displays red and/or white emergency lighting such as law enforcement vehicles, fire trucks and ambulances and also vehicles with flashing amber lighting such as tow trucks, construction vehicles and other service workers stopped along the side of the road while performing their duties.[6]

Currently, only Washington, D.C. does not have a move over law. On June 17, 2009, Connecticut Governor M. Jodi Rell signed House Bill 5894, establishing a Move Over requirement in the state. Connecticut's Move Over law took effect on October 1, 2009.[7][8] On August 13, 2010, New York's governor signed a move over law to take effect 1/1/2011. On 1/1/12 the move over law was modified to include, not only police, fire trucks and ambulances, but also hazard vehicles, such as tow trucks.[9] Maryland's move over law provisions, which were approved by Governor O'Malley on May 20, 2010, came into effect on October 1, 2010.[10][11] On October 1, 2012 North Carolina's newly revised "move over law", which has been expanded include utility and maintenance operations, will go into effect.

http://en.wikipedia.org/wiki/Move_over_law

More:

http://www.snopes.com/politics/traffic/moveover.asp

DrHendricks
05-29-2013, 07:52 PM
This is the only ticket I have ever received. My first time ever on the interstate, there is a cop pulled over on side of the road, lights flashing, but has nobody pulled over. So I wrongly assume that I don't have to move over. Instantly pulls me over and cites me despite my honest claims of never hearing of the Move Over laws and it being my first time on the interstate.

Anti Federalist
05-29-2013, 07:58 PM
This is the only ticket I have ever received. My first time ever on the interstate, there is a cop pulled over on side of the road, lights flashing, but has nobody pulled over. So I wrongly assume that I don't have to move over. Instantly pulls me over and cites me despite my honest claims of never hearing of the Move Over laws and it being my first time on the interstate.

Served and protected.

You are a Mundane.

You are assumed to be a lying scumbag.

DamianTV
05-29-2013, 08:02 PM
We dont need more money, but we sure as fuck want some. Oh hey look, a Mundane...

Brian4Liberty
05-29-2013, 08:08 PM
And the wonderful side effect is that they have institutionalized the rubber-necker and gawker syndrome. Traffic jams guaranteed when the Police pull someone over, under threat of severe penalty.

aGameOfThrones
05-29-2013, 08:11 PM
This is the only ticket I have ever received. My first time ever on the interstate, there is a cop pulled over on side of the road, lights flashing, but has nobody pulled over. So I wrongly assume that I don't have to move over. Instantly pulls me over and cites me despite my honest claims of never hearing of the Move Over laws and it being my first time on the interstate.

Ignorance of the law is no excuse. They could have very well been helping out Casper, but you wouldn't have known that because he's a ghost.

Halo
05-29-2013, 08:11 PM
Move Over law? It should be called the Bend Over law.

I noticed a click-it-or-ticket commercial today featuring some "bad guys" hastily trying to put on their seat belts to deceive the cops with the lesson that they can even issue these tickets at night. As property of the State, I know they are just looking out for the safety and welfare of one of their tax slaves.

MelissaWV
05-29-2013, 08:18 PM
And the wonderful side effect is that they have institutionalized the rubber-necker and gawker syndrome. Traffic jams guaranteed when the Police pull someone over, under threat of severe penalty.

The trucks here are the ones that suffer most. Consider a three-lane section of interstate. Trucks are already (rightly) not to use the left lane... though most of this is by courtesy and not by law/sign. The majority of truckers will keep to the right lane on this particular stretch I'm thinking of, because there's nearly always congestion and it is a nightmare to get swapped to the right lane in time for them to make their exit. The middle lane tends to be the most crowded, full of the average drivers. The far left lane is full of "speeders" who are nowhere near their exits and are just passing through.

Add officer friendly to this situation.

The cops are on the right: trucks immediately try to move left, into the middle lane which is incredibly crowded already. Some people there hit the brakes to let the trucks in. The people behind have no idea what's happening yet, as their view is largely blocked by all the trucks coming over, and people are (ideally) focused on the cars braking in front of them. Some of those middle lane drivers are trying to get left, but those people DEFINITELY can't see through all the trucks to figure out that they are all dodging the cops on the side of the road. Those that can't get over and are jammed in the slow/truck lane are now slowing down suddenly because that's their only other option, and they still chance a ticket.

The cops are on the left: holy smokes now you have people who were going 79-80 trying to merge into the overpopulated middle lane, and those middle lane people have the option of slamming on the brakes or getting right (into the slow/truck lane). Add to this the fact that this is a divided section of interstate, and the median has plenty of big trees to block things from view until it's way too late.

For some reason there are a lot of accidents and near-misses on that stretch of road now.

bolil
05-29-2013, 08:28 PM
So apparently they are doing this in many States. Most people are unaware of these new move-over laws (details below). Basically they will set-up with multiple Highway Patrol or Police cars on the side of the road, with lights flashing. You will pass by and wonder what that was all about. They will pull over everyone who passes the cars, unless you follow very specific rules. Must be a good money maker. Oh yeah, it's for Officer Safety!

Three felonies a day, and untold violations...

The laws vary by State.

I should add that in heavy traffic I do not endanger everyone else with a sudden merge.



More:

http://www.snopes.com/politics/traffic/moveover.asp

I've always moved over and slowed down for flashing lights, just because it struck me as the right thing to do. I've no love for the costumed superheroes, I guess in following my own conscience I happen to be in compliance with this particular 'law'. Just like I never pass a truck on a turn, and never pass one at night without giving a quick flash of my brights and waiting for acknowledgement.

That being said, what a crock. I mean, how the costumed superheroes lie what is to keep them from leaving a car blacked out on the road and pulling people over anyways, and then claiming they failed to move aside. Nevermind the victimless nature of the offense.

I CHOOSE to move aside and slow down for cherries and berries because I do... god help the cop if he is on the median trying to get back to his car in which case the law he enforces may result in me splatting him.

Weston White
05-29-2013, 08:42 PM
Clearly such laws were made to protect first responders and emergency crews at the scene of a roadside incident. If police are only sitting on the side of the roadway with their lights flashing for no other apparent (i.e., justifiable) reason, then they are most likely in violation of their departmental policies, while placing city property, themselves, and its residents in danger. Police lights, sirens, etc., are only to be used for bona fide emergency purposes and never to trick passing drivers or for revenue generation. Additionally, it is usually unlawful to park on the side of the roadway without a legitimate purpose for needing to do so (e.g., becoming sick, vehicle breaking down, etc.), save for when there is leeway to prevent disrupting the flow of traffic.

Hence, these operations likely:
The law does not account for whenever vehicles are parked off the side of the roadway, its scope is clearly intended only for emergency vehicles (including tow trucks) involved in working emergency incidents.
Violate LEO departmental policies and procedures.
Unnecessarily place the public safety in danger and city equipment or its personnel at risk.
Border on entrapment.
Violate the breadth of LEO' publicly funded position (e.g., working in the capacity of a detective, conducting a sting operation).
Blatantly waste public resources (i.e., if these personnel can think of nothing better to do with their time and energy while on-duty than their positions should be slated for termination to the resolve of taxpayers).
A subpoena of the LEO’ duty/call logs would likely prove they had no official business for being there with their emergency lights on in the first place.
Testimony would likely show that the LEO has no accurate accounting of the driver’s true speed at the time of the “violation”.

tangent4ronpaul
05-29-2013, 08:45 PM
(5) The department shall suspend for 60 days the driver's license, permit to drive or nonresident driving privilege of a person convicted of reckless endangerment of emergency zone workers.

ooohhh! - lookie here! - for most Americans that means eviction and loss of employment.

God BLESS the guberment for keeping us safe! :rolleyes:

-t

Brian4Liberty
05-29-2013, 08:48 PM
The cops are on the right: trucks immediately try to move left, into the middle lane which is incredibly crowded already. Some people there hit the brakes to let the trucks in. The people behind have no idea what's happening yet, as their view is largely blocked by all the trucks coming over, and people are (ideally) focused on the cars braking in front of them. Some of those middle lane drivers are trying to get left, but those people DEFINITELY can't see through all the trucks to figure out that they are all dodging the cops on the side of the road. Those that can't get over and are jammed in the slow/truck lane are now slowing down suddenly because that's their only other option, and they still chance a ticket.

The cops are on the left: holy smokes now you have people who were going 79-80 trying to merge into the overpopulated middle lane, and those middle lane people have the option of slamming on the brakes or getting right (into the slow/truck lane). Add to this the fact that this is a divided section of interstate, and the median has plenty of big trees to block things from view until it's way too late.

For some reason there are a lot of accidents and near-misses on that stretch of road now.

Mundane casualties are the unintended consequence. Oh well, priorities.

Keith and stuff
05-29-2013, 08:48 PM
Sounds like organized criminal activity. Should the people involved in this be investigated for violating the RICO Act?

Brian4Liberty
05-29-2013, 08:50 PM
Clearly such laws were made to protect first responders and emergency crews at the scene of a roadside incident. If police are only sitting on the side of the roadway with their lights flashing for no other apparent (i.e., justifiable) reason, then they are most likely in violation of their departmental policies, while placing city property, themselves, and its residents in danger. Police lights, sirens, etc., are only to be used for bona fide emergency purposes and never to trick passing drivers or for revenue generation. Additionally, it is usually unlawful to park on the side of the roadway without a legitimate purpose for needing to do so (e.g., becoming sick, vehicle breaking down, etc.), save for when there is leeway to prevent disrupting the flow of traffic.

Hence, these operations likely:
The law does not account for whenever vehicles are parked off the side of the roadway, its scope is clearly intended only for emergency vehicles (including tow trucks) involved in working emergency incidents.
Violate LEO departmental policies and procedures.
Unnecessarily place the public safety in danger and city equipment or its personnel at risk.
Border on entrapment.
Violate the breadth of LEO' publicly funded position (e.g., working in the capacity of a detective, conducting a sting operation).
Blatantly waste public resources (i.e., if these personnel can think of nothing better to do with their time and energy while on-duty than their positions should be slated for termination to the resolve of taxpayers).
A subpoena of the LEO’ duty/call logs would likely prove they had no official business for being there with their emergency lights on in the first place.
Testimony would likely show that the LEO has no accurate accounting of the driver’s true speed at the time of the “violation”.

A well thought out list. All outweighed by a single word: revenue.

Anti Federalist
05-29-2013, 08:52 PM
If police are only sitting on the side of the roadway with their lights flashing for no other apparent (i.e., justifiable) reason, then they are most likely in violation of their departmental policies, while placing city property, themselves, and its residents in danger. Police lights, sirens, etc., are only to be used for bona fide emergency purposes and never to trick passing drivers or for revenue generation.

Ummm, those lights are ours, and can be used whenever and wherever we want.

Why?

Because FUCK YOU!

That's why. - Officer Friendly.

Anti Federalist
05-29-2013, 08:53 PM
A well thought out list. All outweighed by a single word: revenue and control.

FTFY

Anti Federalist
05-29-2013, 08:58 PM
Some people there hit the brakes to let the trucks in.

At least you didn't write "breaks". ;)

Weston White
05-29-2013, 09:00 PM
Hey that is two words. ;)

talkingpointes
05-29-2013, 10:27 PM
It's almost hard for me as a human to even empathize for these people when they die in uniform. I know one person who is a detective and has an extreme dislike for the department but is working a job he wanted since a kid. I just cannot imagine the psyche of someone having to sit back watching all this shit day in and day out.

CPUd
05-29-2013, 10:30 PM
They will claim that the mere presence of them on the side of the road with lights will cause people to slow down and drive more safely.

Drivers need to slow down and GTFO the lane regardless of whether it is a cop or a stranded motorist (driving or walking). Pedestrians need to GTFO the side of the road too, especially the highway:

http://i.imgur.com/qBPKK8a.png

Root
05-29-2013, 10:53 PM
Report the pigs when you see them on the highways. Help out the mundane behind you.

http://trapster.com/

http://www.waze.com/

dannno
05-31-2013, 11:48 AM
So do you get a citation if you run the cop over?

If they are going to do this, they really need to make a law that the police should be legitimately in an emergency/pull over situation, none of this entrapment bs.

TruckinMike
05-31-2013, 12:07 PM
The trucks here are the ones that suffer most. Consider a three-lane section of interstate. Trucks are already (rightly) not to use the left lane... though most of this is by courtesy and not by law/sign. The majority of truckers will keep to the right lane on this particular stretch I'm thinking of, because there's nearly always congestion and it is a nightmare to get swapped to the right lane in time for them to make their exit. The middle lane tends to be the most crowded, full of the average drivers. The far left lane is full of "speeders" who are nowhere near their exits and are just passing through.

Add officer friendly to this situation.

The cops are on the right: trucks immediately try to move left, into the middle lane which is incredibly crowded already. Some people there hit the brakes to let the trucks in. The people behind have no idea what's happening yet, as their view is largely blocked by all the trucks coming over, and people are (ideally) focused on the cars braking in front of them. Some of those middle lane drivers are trying to get left, but those people DEFINITELY can't see through all the trucks to figure out that they are all dodging the cops on the side of the road. Those that can't get over and are jammed in the slow/truck lane are now slowing down suddenly because that's their only other option, and they still chance a ticket.

The cops are on the left: holy smokes now you have people who were going 79-80 trying to merge into the overpopulated middle lane, and those middle lane people have the option of slamming on the brakes or getting right (into the slow/truck lane). Add to this the fact that this is a divided section of interstate, and the median has plenty of big trees to block things from view until it's way too late.

For some reason there are a lot of accidents and near-misses on that stretch of road now.

Great post! That happens all across america 24/7. Excellent synopsis of reality on the road.
.
.
What causes wrecks? Lane changing.

These are the three primary villains:
Cops on shoulders forcing lane/speed changes
*speeders
slow pokes

Safety Tip for the road:
Get cops off the highway and go with the flow.


* when I say speeder I mean someone going 10+ mph faster than the general flow of traffic

Brian4Liberty
05-31-2013, 12:14 PM
Great post! That happens all across america 24/7. Excellent synopsis of reality on the road.
.
.
What causes wrecks? Lane changing.

These are the three primary villains:
Cops on shoulders forcing lane/speed changes
speeders
slow pokes

Safety Tip for the road:
Get cops off the highway and go with the flow.

Officer safety first. Mundane safety will be discussed at budget time.

Texan4Life
05-31-2013, 12:29 PM
truckers have been doing this for decades for any vehicle on the shoulder, it is considered common courtesy.

Now its just a money maker for the popo. sad

ZENemy
05-31-2013, 12:39 PM
I am getting closer and closer to getting rid of my car.

Things like this are pushing me over the edge.

Just imagine no payments, no insurance, no DMV trips, no licensing, no accidents, no road rage, no commutes. I know not everyone CAN do this, but if I CAN, maybe I should.

PaulConventionWV
05-31-2013, 12:45 PM
I like how you're supposed to slow to at or below the posted speed limit. It's like making a law against breaking the law in certain circumstances when the law itself already applied to all circumstances.

AFPVet
05-31-2013, 01:04 PM
There shouldn't be a law for sense (used to be common). In Indiana, it doesn't matter if the vehicle is a cop car, EMS, tow truck, passenger car or truck, you move over when their hazard lights are engaged. If you absolutely cannot move over, slow to construction zone speeds and keep your foot on the brake. If you were the one on the side of the road changing your tire, you wouldn't want people zipping past you without any regard for your safety.

It should be common sense and decency. Be safe out there!

— former peace officer