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House Bill 106 — Motor vehicle move over law

House Bill 106 — Motor vehicle move over law

Phil Haunschild
February 25, 2019

Bill description: HB 106 would require drivers to slow down and move to outside lanes for tow trucks and highway incident response vehicles, rather than just emergency vehicles.

Rating: 0

Analyst’s Note:

The Senate amendments made to HB 106 on March 7 resolved IFF concerns with this bill. Prior to the amendments, HB 106 would have expanded the law to include any car on the side of a highway displaying flashing lights. This would include tow trucks, maintenance vehicles, construction vehicles, passenger cars, and more. Regardless of whether a driver endangers anyone on the road or in the vehicle on the shoulder, that person could be cited by law enforcement for violating the law.

This could be especially burdensome in areas where road construction is continually ongoing, as all cars would have to slow down and move away from the outside lanes, if possible. This could greatly increase traffic congestion or could end up giving law enforcement a reason to pull over far more individuals. Similarly, if an individual parked their car on the side of a highway and turned on their hazards, regardless of whether the person was still in their car, HB 106 would have required all traffic to move over or slow down.

With the amendments, HB 106 would only extend this law to include other response vehicles such as tow trucks and highway incident response vehicles with flashing lights. This is a reasonable addition, as these vehicles are occupied and actively engaged in work on the sides of highways.

Update: This analysis was updated to incorporate the amendments made on 3/7.

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