Perhaps the biggest change to motorist in North Carolina was the recent addition to the law commonly known as the “Move Over” law, requiring drivers to move over and slow down to the lane furthest from emergency vehicles. As of October 1, 2012, that law has dramatically expanded.
North Carolina General Statute 20-157(f) expanded the current law to include service vehicles, including: electric, cable, telephone, communications, gas and all state vehicles with an amber light.
The rule basically states that drivers on North Carolina roads must change lanes or slow down to avoid roadside utility crews.
It appears from the reading of the law, that the use of amber lights is a key in a conviction. If you are operating a vehicle that does roadside work, for example a tow truck or survey team, it is important to make sure your amber lights are in operation.
It is also clear from the law that even if the vehicle is clearly off the road, a vehicle on the “shoulder” of the road is included. Motorist would be advised to move over and slow down for any vehicle that is on the roadside at all.
Western North Carolina has been the site of some high-profile accidents involving workers this year.
According to state records reported by Gary D. Robertson of the Associated Press, “two state Department of Transportation workers were killed in August when a vehicle veered off the road and crashed into a construction site west of Murphy. The vehicle struck the two workers and their dump truck, according to authorities. In May (of 2012), a vehicle crashed into a construction site on U.S. 19 in Yancey County and left two people dead and another injured. A sedan left the road, ran through several construction barrels and a barricade and crashed into a cement truck.”
Robertson continued, “More recently, a state Highway Patrol trooper was struck from behind last month while conducting a traffic stop in Madison County. Trooper Matt Mitchell was last listed in critical condition before the family requested privacy a few days after the incident.”
The penalty is a $250 fine. With court costs already over $200, a violation of this provision is expensive. For insurance purposes, a violation of this statute could be even more expensive. Expect a guilty verdict to double insurance, and could suspend a license when a driver has a poor driving record.
The language also states that violations of this law “shall be negligence per se”. This means that if an accident is caused by a driver violating this provision, they will be liable for all damages caused by the action. Causing damage to the person or vehicle stopped is a Class 1 misdemeanor.
As many of our clients have businesses that operate roadside, we applaud the law. When you see flashing lights, no matter whether they are red, blue or now amber, slow down and move over.
