SB 409

Under current law, commonly referred to as the “move over or slow down” law, if an authorized emergency vehicle or roadside service vehicle is parked or standing (stopped) on or within 12 feet of a roadway, the operator of another vehicle approaching the stopped vehicle must proceed with due regard for all other traffic and do either of the following: 1) if the roadway has at least two lanes in the applicable direction of travel, move into a lane that is not nearest the stopped vehicle; or 2) if the roadway has only one lane in the applicable direction of travel or if changing lanes cannot be done safely, slow down while passing the stopped vehicle. Under this bill, an operator approaching a disabled vehicle must also move over or slow down. “Disabled vehicle” is defined for purposes of the bill as a motor vehicle that is stopped and to which any of the following apply:

1. The motor vehicle is displaying warning or hazard lights.

2. Emergency flares or other emergency warning devices are placed near the motor vehicle.

3. One or more persons are attending the motor vehicle and visible to passing motorists.