Ignorance of the law is not a defense. We all know that simple rule and should most certainly keep it in mind when we’re traveling in unfamiliar territory. But what about when it comes to inadvertently violating an obscure law right on your own turf?
It happened to a friend of mine recently. While driving through New York, she was pulled over for not abiding by the “Move Over Law.” The what? Turns out the law stems from the formation of Move Over, America — a partnership founded in 2007 by the National Safety Commission, the National Sheriffs’ Association and the National Association of Police Organizations.
The law, now on the books in one form or another in 48 states, requires drivers to move over or change lanes (assuming there is another lane), to give safe clearance to law enforcement officers on the roadside. Makes (common) sense, but do we really need a law — and, in turn, the requisite fines and insurance penalties — to ensure licensed drivers use their noggins?
In New York, the law was recently extended to include tow truck operators and other authorized personnel involved in roadside assistance or highway maintenance. That means drivers who fail to give a full lane’s clearance to a tow truck could be fined up to $275, plus pay a court surcharge of $85 and serve up to 15 days in jail.
Fifteen days in jail! Let’s be clear. We’re talking about the potential penalty for not . . . moving . . . over. There’s no collision or bodily injury involved. This has nothing to do with speeding through a construction site or illegally driving in the breakdown lane. It’s for not . . . moving . . . over.
But wait. There’s more. According to the statistics cited on the Move Over, America website, a full 81 percent of Americans have never heard of the Move Over Law. And remember: Ignorance of the law is not a defense.
— Lisa Matte, editor in chief
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