Federal DOT and FHWA have approved provisions of this law as a model law through the National Committee on Uniform Traffic Laws and Ordinances, a guidebook for model traffic laws. This was submitted into The Manual on Uniform Traffic Control Devices, a guide to list what each states traffic laws will be. The new regulations, which will be enacted October 2003, state:
"An essential part of fire, rescue, spill clean-up, and enforcement activities is the proper control of road users through the traffic incident management area in order to protect responders while providing safe traffic flow. These operations might need corroborating legislative authority for the implementation and enforcement of appropriate road user regulations, parking controls, and speed zoning. It is desirable for these statutes to provide sufficient flexibility in the authority for, and implementation of, temporary traffic control to respond to the needs of changing conditions found in traffic incident management areas."
This appears to be a binding endorsement on requiring adequate safety legislation- We will usethis to lobby states to enact scene safety legislation compliant with these federal guidelines.
A. Identifying an emergency scene (Emergency workers, vehicles, equipment).
(1)An emergency scene is a location designated by the potential need to provide fire services, emergency medical care, official police duties, or rescue, recovery and emergent towing operations.
(2)An emergency scene is identified by emergency vehicles with flashing lights, rescue and recovery equipment, or emergency personnel on the scene.
B. Authorizing Emergency Workers to control scene, vehicles must obey directions, and not interfere with duties of emergency personnel
(1) An emergency scene is under the authority of the first arriving emergency personnel, which includes emergency medical services personnel, until the arrival of the fire or law enforcement officials having jurisdiction.
(2) All motor vehicles passing through an emergency scene and pedestrians observing an emergency scene must obey and not interfere with the duties of emergency personnel.
(3) Motor vehicles and bystanders may not block access to or exit from an emergency scene.
(4) This section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
C. Driver's responsibility to slow down (with direct reference to too fast for conditions) and control vehicle to avoid collision. Drivers must be prepared to STOP.
(1) An emergency scene is a special hazard requiring reduced speed and additional caution by all drivers approaching and entering any emergency scene.
(2)The driver of a vehicle shall ensure that the vehicle is kept under control when approaching or passing an emergency scene or authorized emergency vehicle stopped on or near the right-of-way of a street or highway with emergency lights flashing.
(3) Drivers approaching emergency scenes should be prepared to come to a complete stop.
(4)The exercise of control required for a driver to comply with this section is that control possible and necessary by the driver to prevent a collision, to prevent injury to persons or property, and to avoid interference with the performance of emergency duties by emergency personnel.
D. Change lanes as soon as you can safely do so, when adjacent lane is available.
(1)A person driving a vehicle approaching a stationary authorized emergency vehicle that is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights, or amber or yellow warning lights shall proceed with due caution, significantly reduce the speed of the vehicle, and:
(a) yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; or
(b) maintain a safe speed for road conditions, if changing lanes is impossible or unsafe.
E. Graduated penalties ($500 for not slowing down, $5000 for equipment/personnel injury, $10,000 for death- From Scott's Law)
(1) A person who violates this Section commits a business offense punishable by a fine of not more than $10,000.
(2 )If a violation of this Section results in damage to the property of another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for a fixed period of not less than 90 days and not more than one year.
(3) If a violation of this Section results in injury to another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for a fixed period of not less than 180 days and not more than 2 years.
(4) If a violation of this Section results in the death of another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for 2 years.
F. Double normal speeding/traffic fines in Emergency scene area (Betty's law)
(1) A person responsible for a moving violation at an emergency scene is subject to a fine that is double the fine otherwise prescribed for that moving violation.
(2) It is a factor in aggravation (double fines, penalties) if the person committed the offense while in violation of state DUI/DWI/ DUS codes or secondary to commission of another felony.
G. State will mandate driver education initiative and enforcement directive (from Florida's law)
(1)The State DMV/Dept of Public Safety/DOT shall provide an educational awareness campaign informing the motoring public about the Move Over Act. The department shall provide information about the Move Over Act in all newly printed driver's license educational materials after date law is enacted..
Be aware that all these provisions will not pass in every state.
In the bargaining process involved with getting any law passed, it is important to "Bid High" so that you can negotiate down and still come away with something acceptable. My law in SC was significantly reduced in the journey through the statehouse, but was still able to carry the most important features.
Even though every line above is from a current US Move Over law, it is a difficult task to convince legislators of the need for these laws, especially when they see the large fines that can result from blatant injuries. The larger fines are from states where horriffic and high profile death occurred. It is a shame that this has to happen before we are aware of the value of our Emergency Responders.
Also, remember, this law is not a shield. Unfortunately, it usually is only applied AFTER someone is injured. Please be careful out there, and remember training and preparation is still your best defense.
My wife Cara who always grills me to make sure I know what I'm talking about. Truly as beautiful as she is aggravating. 8 years and I still can't put anything over on her.
Brian Baker in Crossfield, Alberta, who knows we can do this up there. An inspiration to never give up.
Jolene Cormier in Nova Scotia, who is trying on that side, too.
Ken Opiela at FHWA for bringing this issue to the Federal Government's attention.
Ken Brooke at Mitretek who is including the NCUTLO guidelines into the new DOT/ITS guide
Harriet Cooley at the Towing and Recovery Association of America, Inc, who trusts this will help reduce deaths and injuries in her profession
Mannie Garza at JEMS/EMS Insider who still feels this is newsworthy
Jim Bowie, SC Fire Fighter Assoc, who worked hard to get this passed in South Carolina
Scott Gillen and family, who started the crusade to prevent these needless deaths.