What does New York's move over law require near a stopped emergency vehicle?
On a New York parkway you approach a police car stopped on the shoulder with its emergency lights flashing. What should you do?
The answer
Use due care to avoid colliding with the stopped vehicle. On parkways and controlled-access highways, that can include leaving the lane next to the shoulder for another lane, if the move is made safely.
Vehicle and Traffic Law section 1144-a covers authorized emergency vehicles that are parked, stopped, or standing on the shoulder or roadway with red, red-and-white, blue, or combination blue lights. It also covers hazard vehicles with amber lights, tow vehicles with blue or blue-and-amber lights, snow-removal vehicles with green or green-and-amber lights, and vehicles showing a blue or green light.
On parkways and controlled-access highways the section also covers any motor vehicle stopped on the shoulder. Due care may include moving out of the lane that contains or is next to the shoulder, but the lane change must still follow sections 1110 and 1128.
Exceptions
- The lane change is only an option when it can be done safely and in line with the lane-use rules in sections 1110 and 1128.
- The section as read sets no specific speed to slow to; it states a due-care standard.
Why this rule matters for safety
Officers, tow operators, and road crews working beside a traffic lane are close to passing vehicles. Using due care, and changing lanes where the law allows and it is safe, is meant to protect them.
Official sources
- NY Vehicle and Traffic Law section 1144-a · New York State SenateSubdivisions (a) to (d) and the lane-change language. Senate site lists most recent revision as 2024-03-29. No penalty is stated on the page, so none is given here.
Rules checked against these sources on . Laws change. Confirm with the New York agency before you rely on this for a legal matter.
More New York questions
- Do you have to yield to a pedestrian in a crosswalk in New York?
- When do you have to stop for a school bus in New York?
- What must you do when an emergency vehicle with a siren approaches in New York?
- How far from railroad tracks must you stop when the lights flash in New York?
- Can you use a hand-held cell phone while driving in New York?
- What are New York's car seat rules for children under 4?