Have you heard about the Move Over Law? 
This law is the amendment to SECTION 1. Chapter 89, section 7B of the General Laws of the Commonwealth of Massachusetts. And yes - anybody who has passed their driver's test knows that when an emergency vehicle is coming at you or behind you, you pull over (i.e. move over) as soon as you see it coming.
But the Commonwealth of Massachusetts has passed an amendment to the law. Most people seem not to have heard of it -- or if they have heard of it they do not know what it means.
The amendment states that motorists must move aside, i.e. to the left of the lane they are travelling in if there is an emergency vehicle in the breakdown lane with its flashers on.
And what it means is this -- now(and for the last three years) State Troopers in Massachusetts have a method of entrapping motorists into a $100 fine with a moving violation. Here's how it works for the troopers...
In theory, the law tries to deal with a safety issue - a valid and important safety issue to protect emergency workers(police, fire, EMTs and others) who are doing their job from being hit by passing vehicles who are going too close and too fast. However, the subjectivity of the amendment leaves it wide open for abuse by officers as a means to target motorists and to raise revenue. When used it this way, it seems to open up the gates to easy entrapment of motorists.
Here's how it works in that case: An officer can pull over his vehicle into the breakdown lane and put on the flashers -- (or they can just sit in the breakdown lane with their flashers on) while they are writing a ticket or doing whatever - and if your vehicle passes them in the right hand lane -- the officer can make a determination that your vehicle COULD HAVE moved into the middle lane and didn't AND/OR can decide that EVEN WITHOUT USING RADAR that your vehicle was not passing at a REASONABLE SPEED. In which case, the officer can pull you over and issue you a summons for violating the Move Over Law.
Late last year, I was travelling in the right hand lane of the Mass Pike at a reasonably (to me) slow speed of about 45mph because I was about to get off at the next exit.
I saw a trooper parked in the breakdown lane with his flashers on -- looked to me like a standard pull-over-a-vehicle situation -- so I slowed down further after checking to see if I could move over and determined that I could not move into the middle lane safely and then move back out to get off at the exit as I was planning. I also noticed no signs of activity outside of the vehicles in the breakdown lane i.e. no danger to any emergency personnel.
As I passed the officer, he peeled out, put on his flashers and pulled me over.
I asked him what I had done - he said "just your papers" (rude too). I handed him the papers he went back to his vehicle and came back in three minutes with the violation - I said "what is this?" - he said "you violated the move over law - it's a $100 fine and a moving violation on your record" - he went back to his vehicle and immediately pulled over another car who had just passed slowly by us in the breakdown lane.
I can't help but believe that there was no safety issue involved here but simply an officer trying to entrap motorists and make some money.
This openness to interpretation of this law is bad for the Commonwealth and bad for motorists and the Move Over Law sorely needs to be repaired.
In my reading of the law (reproduced below), it is clear that I was not guilty -- I slowed down and passed the officer at a very reasonable speed after determining that going into the middle lane would be a dangerous move.
(Note: I pled not guilty and was granted a hearing at which the violation was overturned).
Here's how the actual law and amendment reads.
What do you think?
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Move Over Law
“SECTION 1. Chapter 89 of the General Laws is hereby amended by inserting after section 7B the
following section:-
Section 7C. (a) As used in this section the following words shall, unless the context clearly requires
otherwise, have the following meanings:
„Emergency response vehicle‟, a fire apparatus, police vehicle, ambulance, or disaster vehicle.
„Highway maintenance vehicle‟, a vehicle used for the maintenance of highways and roadways: (1)
that is owned or operated by the executive office of transportation and public works, a county, a
municipality or any political subdivision thereof; or (2) that is owned or operated by a person under
contract with the executive office of transportation and public works, a county, a municipality or any
political subdivision thereof.
„Operator‟, any person who operates a motor vehicle as defined in section 1 of chapter 90.
„Person‟, a natural person, corporation, association, partnership or other legal entity.
„Recovery vehicle‟ a vehicle that is specifically designed to assist a disabled vehicle or to tow a
disabled vehicle.
following section:-
Section 7C. (a) As used in this section the following words shall, unless the context clearly requires
otherwise, have the following meanings:
„Emergency response vehicle‟, a fire apparatus, police vehicle, ambulance, or disaster vehicle.
„Highway maintenance vehicle‟, a vehicle used for the maintenance of highways and roadways: (1)
that is owned or operated by the executive office of transportation and public works, a county, a
municipality or any political subdivision thereof; or (2) that is owned or operated by a person under
contract with the executive office of transportation and public works, a county, a municipality or any
political subdivision thereof.
„Operator‟, any person who operates a motor vehicle as defined in section 1 of chapter 90.
„Person‟, a natural person, corporation, association, partnership or other legal entity.
„Recovery vehicle‟ a vehicle that is specifically designed to assist a disabled vehicle or to tow a
disabled vehicle.
(b) Upon approaching a stationary emergency vehicle, highway maintenance vehicle or recovery
vehicle with flashing lights an operator shall:
(1) proceed with due caution, reduce the speed of the vehicle to that of a reasonable and safe speed
for road conditions, and, if practicable and on a highway having at least 4 lanes with not less than 2 lanes
proceeding in the same direction as the operator‟s vehicle, yield the right-of-way by making a lane change
into a lane not adjacent to that of the emergency response vehicle, highway maintenance vehicle or
recovery vehicle; or
(2) if changing lanes is impracticable, proceed with due caution and reduce the speed of the vehicle
to that of a reasonable and safe speed for road conditions.
(c) Violation of this section shall be punished by a fine of not more than $100.
vehicle with flashing lights an operator shall:
(1) proceed with due caution, reduce the speed of the vehicle to that of a reasonable and safe speed
for road conditions, and, if practicable and on a highway having at least 4 lanes with not less than 2 lanes
proceeding in the same direction as the operator‟s vehicle, yield the right-of-way by making a lane change
into a lane not adjacent to that of the emergency response vehicle, highway maintenance vehicle or
recovery vehicle; or
(2) if changing lanes is impracticable, proceed with due caution and reduce the speed of the vehicle
to that of a reasonable and safe speed for road conditions.
(c) Violation of this section shall be punished by a fine of not more than $100.
