New York: Move over law: What happens when you really can't move over?

The move over law has been in effect for nearly five years, but what happens when you really can't move over for an emergency vehicle on the side of the road?

Christine White from Avon asked Pat Taney, how do you move over when you can't do so safely?

Pat Taney: You were driving on 390 in Rush and you were pulled over. So what happened?

Christine: A police car had pulled a car over, it was bumper to bumper traffic.

Pat: You just couldn't get over to the other lane?

Christine: I could not.

Christine slowed down but was still given a ticket.

Pat: You just want to know what to do.

Christine: What's safe?

For the answer we spoke with Gates Police Officer Lance Duffy.

Pat: What happens when you literally can't pull over?

Officer Duffy: The law states you have to change a lane over. However with that being said, it has to be a safe lane change.

But what if it’s not safe?

Pat: It would be lower your speed limit, if you can't get over you just can't get over?

Officer Duffy: If you can't get over, safety is our main issue here. If it's unsafe we don't want you to change your lane. That being said, make sure you slowdown.

Pat: This is a 55 mph highway, what would be a safe speed?

Officer Duffy: You want to at least get down to 40, 35 if you can.

Christine said she did slow down but was told it was not good enough.

Christine: I said what should I have done? She said I should have pulled over behind her in the shoulder and waited until I could have gotten into left lane.

Pat: Is that recommended?

Officer Duffy: No. You never want to pull behind a police car. Just know your surroundings, what's around you to your rear and your left.

If you can't change lanes, slow down.

Pat: Do you think people know this?

Christine: No, nobody I have spoken to is very clear.

According to Christine, that also includes the officer who pulled her over. She does not want to get the officer in trouble, but she does want to know what to do next time.

Christine’s ticket was plead down to a parking violation, but it still cost her $160.

Scroll to top