Georgia law requires drivers to move over or slow down for certain emergency or towing vehicles. This is commonly referred to as the “Move Over Law” or “Spencer Pass Law”. O.C.G.A. 40-6-16 states that:

 

The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:

Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or

If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

The operator of a motor vehicle approaching a stationary towing or recovery vehicle, a stationary highway maintenance vehicle, or a stationary utility service vehicle that is utilizing traffic cones or displaying flashing yellow, amber, white, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:

Make a lane change into a lane not adjacent to the towing, recovery, highway maintenance, or utility service vehicle if possible in the existing safety and traffic conditions; or

If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

 

What this means is that drivers must use caution when passing emergency vehicles, and should move over for police officers, ambulances, tow trucks, and utility vehicles when practicable. Of course, many of us live in Atlanta, where traffic is 24/7. The law instructs drivers to move to another lane not adjacent to the emergency vehicle, unless it is unsafe to do so. In such instances, drivers are instructed to slow down to below the posted speed limit and be prepared to stop.

If you have bee charged with a move-over violation, where and when you were stopped may be important. Were you stopped for failing to move over during 5:00 rush-hour traffic in downtown Atlanta? If so, there is an argument to be made that it was unsafe for you to move over. These are questions an attorney can help you with. Call our office for a free consultation. 404-581-0999. Written by Attorney Katherine Edmonds.