Georgia Move Over Law: What Drivers Need to Know
Understand how Georgia's Move Over Law affects everyday driving, including compliance details, enforcement, and what to expect if cited.
Georgia’s Move Over Law aims to enhance safety for emergency personnel, utility workers, and others working near active roadways. While drivers generally know to yield to flashing lights, the specific legal duties and the consequences of non-compliance are less widely understood. This law, formally known as the Spencer Pass Law, addresses the dangers faced by individuals performing essential tasks adjacent to moving traffic.1Georgia Governor’s Office of Highway Safety. Move Over Law
When You Must Move Over
The requirement for drivers to move over in Georgia is detailed in the Official Code of Georgia Annotated, section 40-6-16.2Justia US Law. Georgia Code § 40-6-16 (2024) – Procedure for Passing Certain Stationary Vehicles This obligation applies when a driver approaches a stationary authorized vehicle displaying flashing yellow, amber, white, red, or blue lights. These lights signal that the vehicle is operating officially, requiring oncoming drivers to exercise caution. This applies on all road types within the state, including highways and interstates. The key trigger is the presence of a stopped vehicle with active warning lights.
Vehicles and Scenes Covered
Georgia’s Move Over Law protects a wide range of vehicles beyond traditional first responders. It covers stationary authorized emergency vehicles—such as police cars, fire trucks, and ambulances—when their flashing lights are active. The legal definition includes vehicles from law enforcement, fire departments, ambulance services, and certain designated public utility or Department of Transportation vehicles.
The law also explicitly requires drivers to proceed cautiously when approaching stationary towing and recovery vehicles (wreckers) displaying flashing yellow, amber, or red lights. Highway maintenance vehicles operated by entities like the Georgia Department of Transportation or its contractors are similarly covered when stopped with flashing yellow, amber, or red lights, often within work zones.
Protection extends to stationary utility service vehicles displaying flashing yellow, amber, or white lights, or marked by traffic cones. This includes vehicles used for electric, gas, water, cable, or telecommunication services during repair or maintenance work. Sanitation vehicles were also added, reflecting the law’s broad intent to safeguard various personnel working near traffic, encompassing scenes from traffic stops and accident responses to roadside repairs.
Speed and Lane Requirements
When approaching a stationary vehicle covered by the Move Over Law on a road with two or more lanes traveling in the same direction, drivers must change lanes. The law requires moving into a lane not immediately adjacent to the stopped vehicle, creating a safety buffer.
This lane change is required only “if possible in the existing safety and traffic conditions.” Factors such as heavy traffic or road configuration might make moving over unsafe or impractical. Drivers are not expected to make unsafe maneuvers or violate other traffic laws to comply.
If a lane change is impossible, illegal, or unsafe, drivers must reduce their speed significantly below the posted limit. The statute specifies slowing to a “reasonable and proper speed for the existing road and traffic conditions.” Drivers must also “be prepared to stop,” indicating a need for heightened awareness near the stationary vehicle. This speed reduction applies whenever a safe lane change cannot be performed.
Penalties for Violations
Failure to comply with Georgia’s Move Over Law results in specific penalties. A violation involving stationary authorized emergency vehicles (section 40-6-16(b)) can lead to a fine of up to $500.
For violations involving stationary towing, recovery, highway maintenance, or utility service vehicles (section 40-6-16(c)), the maximum fine is $250. Court costs and other fees may be added to these base amounts.
In addition to fines, a conviction results in 3 points being assessed against the driver’s license, according to the Georgia Department of Driver Services (DDS) points schedule.3Georgia Department of Driver Services. Points Schedule Accumulating 15 or more points within 24 months leads to license suspension in Georgia, making compliance with the Move Over Law important for maintaining driving privileges.
Legal Process If Ticketed
Receiving a citation for violating the Move Over Law initiates a legal process. The ticket details the alleged violation, location, time, officer information, and the required court date and location (which could be a Municipal, State, Probate, or Recorder’s Court).
Drivers must respond by the court date. Failure to appear can result in additional charges and potential license suspension by the DDS. One option is to pay the fine before the court date, which typically constitutes a guilty plea and closes the case. Payment may be possible online, by mail, phone, or in person, depending on the court.4Georgia.gov. Pay a Traffic Ticket
Alternatively, drivers can appear in court for an arraignment, where they will be formally charged and enter a plea: guilty, not guilty, or nolo contendere (no contest).5Georgia.gov. Prepare for a Traffic Violation Court Appearance A guilty plea admits to the violation. A not guilty plea leads to a trial where the state must prove the violation. Drivers have the right to legal representation.
A nolo contendere plea means the driver does not contest the charge but does not formally admit guilt. In Georgia, this plea for traffic offenses may generally be used once every five years, subject to the judge’s approval. While a nolo plea for a Move Over violation might prevent DDS from assessing points under certain circumstances, the conviction is still recorded on the driver’s record. This option is typically unavailable to drivers under 18, and its benefits may differ for commercial driver’s license holders.
If a driver pleads not guilty, a trial will be scheduled. The prosecution presents evidence, usually the officer’s testimony. The driver or their attorney can cross-examine, present evidence, and call witnesses. A judge (or occasionally a jury) determines guilt. A guilty verdict concludes the court process regarding the violation itself.
