‘Move Over Law’ Expanded to Protect Workers
Posted in Workplace Injuries and Claims on December 30, 2013
Governor John Kasich signed a bill into law on December 19 to protect Ohio road crews. Introduced by Senator Tom Patton (R-Strongsville), Senate Bill 137 updates the current “Move Over Law” to include highway construction vehicles.
All motorists are now required to slow down and, if possible, move to an adjacent lane when approaching construction, maintenance and public utilities commission vehicles that are parked on the roadside with flashing, oscillating or rotating lights.
The law previously required motorists to slow down or move over only when approaching police and other emergency vehicles.
According to the Ohio Department of Transportation, since 2008, more than 600 collisions occurred between the travelling public and ODOT vehicles and equipment.
A cornerstone of ODOT’s mission is the safety of all who drive on or work on Ohio’s roads. The expanded Move Over Law is a critical step to improving the safety of our workers, who risk their lives and well-being every day to care for the excellent transportation system the citizens of Ohio have come to expect.
– Jerry Wray, ODOT Director
Although the bill took effect immediately, there will be a 90-day grace period during which violators will receive warnings rather than citations. After March 19, 2014, drivers can be cited with a minor misdemeanor. Penalties will be increased if the driver has had multiple infractions in the last year.
The bill amends sections 4511.01, 4511.04, 4511.213, and 4513.17 of the Ohio Revised Code.
To see a complete copy of the legislation, click here.
Move Over Law (as amended)
Sec. 4511.01(QQQ) “Highway maintenance vehicle” means a vehicle used in snow and ice removal or road surface maintenance, including a snow plow, traffic line striper, road sweeper, mowing machine, asphalt distributing vehicle, or other such vehicle designed for use in specific highway maintenance activities.”
Sec. 4511.213 – Approaching stationary public safety vehicle displaying emergency light.
(A) The driver of a motor vehicle, upon approaching a stationary public safety vehicle, an emergency vehicle, or a road service vehicle, vehicle used by the public utilities commission to conduct motor vehicle inspections in accordance with sections 4923.04 and 4923.06 of the Revised Code, or a highway maintenance vehicle that is displaying the appropriate visual signals by means of flashing, oscillating, or rotating lights, as prescribed in section 4513.17 of the Revised Code, shall do either of the following:
(1) If the driver of the motor vehicle is traveling on a highway that consists of at least two lanes that carry traffic in the same direction of travel as that of the driver’s motor vehicle, the driver shall proceed with due caution and, if possible and with due regard to the road, weather, and traffic conditions, shall change lanes into a lane that is not adjacent to that of the stationary public safety vehicle, an emergency vehicle, or a road service vehicle, vehicle used by the public utilities commission to conduct motor vehicle inspections in accordance with sections 4923.04 and 4923.06 of the Revised Code, or a highway maintenance vehicle.
(2) If the driver is not traveling on a highway of a type described in division (A)(1) of this section, or if the driver is traveling on a highway of that type but it is not possible to change lanes or if to do so would be unsafe, the driver shall proceed with due caution, reduce the speed of the motor vehicle, and maintain a safe speed for the road, weather, and traffic conditions.
(B) This section does not relieve the driver of a public safety vehicle, an emergency vehicle, or a road service vehicle, vehicle used by the public utilities commission to conduct motor vehicle inspections in accordance with sections 4923.04 and 4923.06 of the Revised Code, or a highway maintenance vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway.
(C) No person shall fail to drive a motor vehicle in compliance with division (A)(1) or (2) of this section when so required by division (A) of this section.
(D) (1) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(2) Notwithstanding section 2929.28 of the Revised Code, upon a finding that a person operated a motor vehicle in violation of division (C) of this section, the court, in addition to all other penalties provided by law, shall impose a fine of two times the usual amount imposed for the violation.
(2013 Ohio SB 137, 1)
“‘Move over’ law aims to boost safety of Ohio road crews” AP/Columbus Dispatch, December 30, 2013.