State Rep. Jeff Hilovsky authors stronger Move Over Legislation

New Law Seeks to Raise Awareness, Increase Safety of Roadside Workers

Under House Bill 329 (as amended), motorists who do not yield the right-of-way to police, fire, and ambulance vehicles responding to an emergency or who fail to move over or slow down when approaching first responders, utility crews, highway workers, and tow truck operators working roadside will face increased penalties for their life-threatening carelessness.

The bill makes two notable changes to Delaware's existing "Move Over" law.

The first modification deals with the penalties. The maximum fine for an initial offense jumps from $150 to $250. A second violation would net a fine of up to $500--an increase of up to $200. Subsequent offenders will face a fine of as much as $1,000.

Second, in cases where drivers cannot safely yield to a stopped emergency vehicle or other vehicle specified in the measure, and the speed limit is 50 mph or greater, the law now requires motorists to travel through the area at least 20 mph under the limit.

“I was gratified that this was my first bill to be enacted into law because I think it'll make a difference," Rep. Hilovsky said. "In recent years, numerous roadside accidents have been caused by inattentive drivers that have resulted in injuries and deaths. The message this new law sends is clear. When you see men and women working along the road, slow down and move over. The higher fines should increase awareness of this common sense law."

According to AAA, whose workers help millions of stranded motorists nationwide each year, a higher level of recognition is needed. Despite being enacted in all 50 states, 71% of Americans are unaware of Move Over laws that require drivers to reduce their speed and switch lanes to protect roadside workers.

Reportedly, about 23 workers and first responders are killed in preventable roadside accidents annually in the U.S., and hundreds more are injured.

Gov. John Carney signed the Move Over Law enhancement on Thursday during a brief ceremony in Dewey Beach at the 29th Annual Delaware Volunteer Firefighters' Association Conference.