New York Vehicle and Traffic Law (VTL) § 1144-a, commonly known as the Move Over Law, requires drivers to exercise due care when approaching certain parked, stopped, or standing emergency, hazard, and other vehicles. By understanding what the law requires, you can keep yourself and others safe and potentially avoid a ticket.
If you have been ticketed, you need an experienced attorney to help you avoid the most severe penalties associated with a VTL § 1144-a ticket. Learn more about why drivers in Oneida County, Jefferson County, and Central New York trust The New York Traffic Ticket Lawyers to defend them.
What Does VTL § 1144-a Require?
VTL § 1144-a addresses the “operation of vehicles when approaching a parked, stopped or standing authorized emergency vehicle, hazard vehicle, vehicle displaying a blue or green light or certain other motor vehicles.”
VTL § 1144-a essentially requires that motorists exercise “due care to avoid colliding with an authorized emergency vehicle” (e.g., police car, ambulance, or fire truck) which is “parked, stopped or standing on the shoulder or any portion of such highway” and displaying its lights.
VTL § 1144-a also requires motorists to exercise due care to avoid colliding with hazard vehicles, which may include tow trucks, snowplows, and certain other snow removal vehicles. The law also covers vehicles with blue or green lights, plus certain other vehicles as defined in the statute.
“Due care” includes moving from a lane which contains or is immediately adjacent to the shoulder where the emergency vehicle displaying its lights is parked, stopped, or standing to another lane, while on a parkway or controlled-access highway.
For instance, if you are in the right lane of traffic and there is a police cruiser on the right shoulder with its lights on, you must move to another lane. If moving to another lane is not possible or would violate another provision of the VTL, the driver must still exercise due care to avoid a collision.
VTL § 1144-a does not allow Central New York drivers to engage in otherwise unsafe behavior, such as:
- Cutting off other drivers
- Speeding above the posted limit
- Failing to reduce speed when necessary
- Driving recklessly
- Slamming on the brakes
Penalties for a VTL § 1144-a Violation
VTL § 1144-a is a moving violation, so a guilty plea or a finding of guilty could result in:
- 2 points added to your driving record
- Fines of up to $150 (first conviction), $300 (second conviction in 18 months), or $450 (third or subsequent conviction in 18 months)
- Jail time of up to 15 days (first conviction), 45 days (second conviction in 18 months), or 90 days (third or subsequent conviction in 18 months)
- An additional surcharge of $88 or $93
- Potentially other tickets for other unsafe driving behaviors (e.g. speeding)
- Potential increases in your automobile insurance premium, based on your insurer’s policies and practices
If you accumulate 6 or more points within an 18-month period, you will have to pay an additional Driver Responsibility Assessment (DRA) fee of $100/year for three years. Also, each point above 6 that you accumulate means an additional $25/year for three years.
Recent Enforcement Surge of VTL § 1144-a
Not all New York drivers are aware of VTL § 1144-a, but there has been a recent surge of tickets as police try to enforce the Move Over Law. Since 2023, the number of tickets has increased about 40%. As of the end of August 2025, well over 11,000 citations were issued (compared to just over 12,000 in all of 2024).
Law enforcement is actively working to enforce compliance with VTL § 1144-a in the wake of a serious June 2025 accident in Schenectady County. In that incident, a semi-truck driver did not move over as required and slammed into a state trooper’s patrol car. The trooper suffered serious injuries.
Common Misunderstandings About VTL § 1144-a Tickets
Some drivers are confused about VTL § 1144-a tickets and, therefore, may not understand their options for challenging the ticket. These are a few myths about these tickets:
Myth: “The law only applies to police cars, ambulances, and fire trucks.”
Reality: Not true. VTL § 1144-a also applies to certain hazard vehicles, vehicles that display certain blue or green lights, and other motor vehicles that are stopped or standing on the shoulder on parkways and controlled-access highways.
Myth: “I only have to move over; I don’t have to slow down.”
Reality: The law requires motorists to exercise due care, and the DMV states that drivers must reduce speed when approaching covered vehicles. On parkways and controlled-access roads, moving to another lane is also required when the circumstances safely allow you to do so.
Myth: “I have to move over no matter what.”
Reality: VTL § 1144-a requires that a lane change must otherwise comply with the law. Traffic or other hazards may prevent a safe lane change. The actual obligation is to exercise due care, not necessarily to make an unsafe maneuver simply to change lanes.
Myth: “VTL § 1144-a is the same thing as failing to yield to an approaching emergency vehicle.”
Reality: These are different statutes. VTL § 1144, which is similarly numbered, addresses an approaching authorized emergency vehicle and requires the driver to yield and pull over. VTL § 1144-a, meanwhile, concerns vehicles that are already parked, stopped, or standing, for instance an emergency or hazard vehicle on the shoulder.
Myth: “Blue- and green-light vehicles are hazard vehicles.”
Reality: Technically, this is not true. Section 1144-a separately addresses vehicles displaying qualifying blue or green lights in subdivision (c). Hazard vehicles are addressed in subdivision (b).
Myth: “The law only applies when the vehicle is on the shoulder.”
Reality: Not always. Sections 1144-a(a), (b), and (c) involve covered vehicles parked, stopped, or standing “on the shoulder or any portion of such highway.” Meanwhile, subdivision (d) extends the requirement of due care on parkways and controlled-access highways to other motor vehicles stopped or standing on the shoulder or portion of the highway.
Myth: “If I didn’t actually hit the emergency vehicle, I can’t violate the law.”
Reality: VTL § 1144-a requires drivers to exercise due care to avoid colliding with the covered vehicle. However, a collision isn’t stated as an element of the violation, so the absence of one does not necessarily mean you will defeat the ticket.
When You Need Legal Help With a VTL § 1144-a Ticket
You might think it’s a good idea to fight a VTL § 1144-a ticket on your own. However, there are a few good reasons to consider hiring a traffic ticket attorney.
For one, the potential financial penalties associated with a VTL § 1144-a conviction are significant and long-lasting. Not only can fines be expensive, but your insurance premiums may rise significantly. There is also the possibility of jail time.
If you accumulate too many points, you may be facing a driver’s license suspension. This can make it difficult to work, especially if driving is a part of your job. Put simply, there’s a lot on the line if you plead guilty to the ticket or try defending yourself and lose.
Fortunately, just because you have been ticketed for a VTL § 1144-a offense does not mean you are guilty. An experienced Central New York traffic ticket lawyer can raise several possible defenses, including:
- Switching lanes may have been unsafe under the circumstances and could have caused a serious accident
- You did not have time to switch lanes due to the proximity of the emergency, hazard, or other vehicle
- Moving over would have required you to violate another section of the VTL, like crossing a double yellow line
Your lawyer will review the evidence against you and then get to work developing a legal strategy to challenge the ticket. It may be possible to get the ticket dismissed and save you potentially significant sums of money in fees and insurance increases.
Did you receive a VTL § 1144-a ticket for violating the Move Over Law in Oneida County or Jefferson County? Learn more about your legal options today. Get in touch with The New York Traffic Ticket Lawyers to get started.
