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New York’s “Move Over” Laws: Demystified

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In recent years New York has made attempts to increase traffic safety and make the roads safer for motorists. These attempts often result in new legislation that is important for drivers throughout New York state to understand — since violations of these laws could result in points on one's driving record, along with traffic citations, penalties and fines.

Two such laws enacted by New York's legislature have been dubbed "move over" laws. These laws impact two common situations that motorists often face.

When Bicyclists Ride on The Shoulder

When drivers are on a state highway with two or more lanes and encounter a bicyclist traveling in the same direction on the shoulder, under the state law (which took effect in November 2010), the drivers are required to "pass to the left of such bicycle at a safe distance until safely clear."

If there is no oncoming traffic, drivers are expected to move carefully into the next lane over in order to grant the cyclist enough distance — basically making sure vehicles are clear of the bicycle. If there is oncoming traffic or drivers are unable to move into the other lane, they are expected to slow their vehicles, and move as far away from the bicycle as safely possible. This additional space makes the roads safer for cyclists.

Making Way for Emergency Responders

A second legislative change, effective January 2011, applies when New York drivers are traveling on a parkway or freeway and see an emergency vehicle on the shoulder with its lights flashing ahead. Under these circumstances, motorists are required to move from the lane closest to the emergency vehicle to the next lane over — if it can safely be done given the flow of traffic. If drivers are unable to move over, they must slow their cars to a responsible speed and exercise considerable caution to make sure that emergency responders are as safe as possible.

While both of these laws were enacted in order to make the roads safer for bicyclists and emergency responders and in turn, for the motorists traveling on New York roads, it is important to know these laws. Failure to abide by them can result in stiff fines and traffic citations — which can add points to your New York driving record.

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Colwell, Colwell & Petroccione, LLP, is located in Albany, New York, and handles traffic violations for drivers throughout Upstate New York, Hudson Valley and the Capital Region, including the communities of Schenectady, Troy, Kingston, Saratoga, Poughkeepsie, Colonie, Watervliet, Claverack, Athens, Chatham, East Greenbush, Schodack, Clifton Park, Rotterdam, Malta, Glen Falls and Catskill, as well as Albany County, Erie County, Schenectady County, Rensselaer County, Greene County, Columbia County, Ulster County, Dutchess County and Saratoga County.

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