But in his rear view mirror, he soon noticed that one of police cars was flashing its blue lights behind him, signaling him to pull over to the side of the road too.
Carter was stopped and ticketed because he had not moved over into another lane as passed the police cars — a violation of the state’s Move Over law.
The law, which took effect in 2003, requires drivers to either move into the next lane if an emergency vehicle with flashing lights is on the shoulder of the road, or if it’s impossible to move over, to slow down below the posted speed limit in preparation to stop.
Carter said he couldn’t move over safely, and he paid a hefty fine. If you are caught in the county and pay in the Floyd County Probate Judge’s office like Carter, it’s $255.
If you are caught in the city limits of Rome, your cost will be $700.
The law states that drivers may not be fined more than $500, but a city court spokeswoman said the fine is $500 and the additional $200 is court costs and surcharges.
Probate Judge Steve Burkhalter did not immediately return a phone call to a reporter seeking comment about the fines.
Officials with Rome’s municipal court referred a reporter to the legal department of the Georgia Division of Driver’s Services when asked about the fine and the surcharges. A Georgia DDS spokeswoman said she would pass the information on to an attorney, who did not call.
While the fines may be heavy, police and emergency officials praise the law.
“The Move Over law is probably one of the best pieces of legislation public safety personnel have seen in a long time,” said Andrew Denmon, an EMT with Redmond Emergency Medical Services. “It applies to every vehicle with authorized emergency lighting, from ambulances and patrol cars to wreckers and highway construction vehicles.”
Sgt. Gary Conway, who is head of the Special Enforcement Unit for the Floyd County Police Department, and has been a police officer for 24 years, said, “even before the law, drivers were cautious, but there were times if I moved a foot I would have been hit.”
Many of the drivers who violate the law are just not paying attention, Conway said.
Denmon agreed.
“We need drivers to slow down, put their phones down and drive,” he said. “Pay attention to operating your vehicle, and we can all go home.”
Since the law took effect there have been no serious injuries to personnel in Rome and Floyd County, but Conway said one officer had a close call where his side mirror was hit.
“Luckily, he was in the car,” Conway said.
Carter, who was caught a second time for violating the law driving past Georgia Highlands College, said he wishes there was some discretion given by police.
“Everyone doesn’t drive erratically,” Carter said.
Put the phone down, and you'll probably be fine.
This is a very vague law that needs to be rewritten. We all know that more than one police dept uses traffic laws as a way to supplement and make up for shortfalls in their budgets.
I'm all for the safety of police & other emergency workers, but the law should be more clear if someone is breaking the law or not. It reminds me of a joke i heard a comedian tell once. The judge was asking someone how they could tell a bus was speeding, the person said: " by the way the grass was laying down as it passed". What is a reasonable and proper speed for the existing road and traffic conditions to one person might not be the same to someone else.
One thing that might help is if officers were to have any drivers they are stopping for traffic violations to wait and pull over into a parking lot or a side street instead of having them stop on the side of a busy highway. Most ones i have encountered want you to pull over right then and there no matter what the road or traffic. conditions are.
40-6-16
(a) The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:
(1) Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or
(2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.
(b) The operator of a motor vehicle approaching a stationary towing or recovery vehicle or a stationary highway maintenance vehicle that is displaying flashing yellow, amber, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:
(1) Make a lane change into a lane not adjacent to the towing, recovery, or highway maintenance vehicle if possible in the existing safety and traffic conditions; or
(2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.
(c) Violation of subsection (a) or (b) of this Code section shall be punished by a fine of $500.00.
I also am all for people moving off the side of the road to a safe location instead of putting themselves and the officers at risk on the side of the road. I know it is expected in other states, but I don't see it here that often.
Back to this article, though. It appears very, very vague and seems to really put the end result in the hands of the officer. "Requires drivers to either move into the next lane if an emergency vehicle with flashing lights is on the shoulder of the road, or if it’s impossible to move over, to slow down below the posted speed limit in preparation to stop" just seems very open to numerous interpretations, specifically "slow down below the posted speed limit in preparation to stop". It does not say how far below the posted speed limit. If the posted speed limit is 55MPH and the driver slows to, say, 53, by the time he comes to and passes the emergency scene, then he did follow the law (if, in case, the driver couldn't move over a lane). If he had his foot on the brake at them same time, then that would fall under "preparation to stop". Next, once the driver has passed the emergency scene, he can then revert back to the posted speed limit. So there would have to be another officer either running radar/laser and also having the ability to watch for brake lights (making sure said driver is preparing to stop). Then, they have to be able to calculate how close the driver was to the scene before hitting brakes and slowing, and know exactly when the driver has pass the scene so they could legally begin speeding up again. That's just one scenario. What about coming around curves or over hills? It is very easy to come around a curve or over a hill with an emergency situation on the other side that you cannot see. This would make it close to impossible, if not impossible, for you to prepare to stop, causing you to get one of these tickets. This is 90% revenue based and 10% officer safety. If safety were of higher priority, then police cars would be more like postal trucks, with the steering wheel in the right side of the car. Officers would enter and exit their vehicles away from the road. Also, officers would no longer stop someone on the side of the road, or worse, making them stop right in a lane. Safe would be directing an offender to the nearest safe location, parking lots are plentiful.
40-6-76
(a) As used in this Code section, a 'funeral procession' means an array of motor vehicles in which the lead vehicle displays a sign, pennant, flag, or other insignia furnished by a funeral home indicating a funeral procession unless led by a state or local law enforcement vehicle and each vehicle participating in the funeral procession is operating its headlights.
(b) Funeral processions shall have the right of way at intersections subject to the following conditions and exceptions:
(1) Operators of vehicles in a funeral procession shall yield the right of way upon the approach of an authorized emergency vehicle or law enforcement vehicle giving an audible and visual signal; and
(2) Operators of vehicles in a funeral procession shall yield the right of way when directed to do so by a traffic officer.
(c) Funeral processions escorted by the police, a sheriff, or a sheriff´s deputy shall have the right of way in any street or highway through which they may pass. Local governments may, by ordinance, provide for such escort service and provide for the imposition of reasonable fees to defray the cost of such service.
(d) The operator of a vehicle not in a funeral procession shall not interrupt a funeral procession except when authorized to do so by a traffic officer or when such vehicle is an authorized emergency vehicle or law enforcement vehicle giving an audible and visual signal.
(e) Operators of vehicles not a part of a funeral procession shall not join a funeral procession by operating their headlights for the purpose of securing the right of way granted by this Code section to funeral processions.
(f) The operator of a vehicle not in a funeral procession shall not attempt to pass vehicles in a funeral procession on a two-lane highway.
(g) Any person violating subsection (d), (e), or (f) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $100.00.
(h) Any law enforcement officer who is directing or escorting a funeral procession in this state, whether such service is provided while on duty or not, shall enjoy the same immunities from liability as the officer possesses while in the performance of other official duties.
Yes. That's the code. I believe the problem local enforcement has is an understanding of (f) The operator of a vehicle not in a funeral procession shall not attempt to pass vehicles in a funeral procession on a two-lane highway." I was on the bypass, heading toward 411, when I came upon a funeral procession in the right lane. Being a funeral procession, they were going 15 in the 55 zone. Now, it appeared to be quite the long procession, so I didn't just jump into the inside lane and pull a fly by. I actually stayed in the right lane and slowed to speed. When I did proceed, I got to the front of the line and the officer swerved over in front of me, and not at a safe distance either. He then literally slowed me down to a complete stop. Of course, once I'm stopped, he takes off to get back to the front of the line. So off I went again, but this time, right on by him.
Zero is a good start.
This man obviously thinks the law doesn't apply to him. Who pays a $255 fine then does the same thing again?
Mr. Carter obviously voiced his objection of being cited, convicted, and fined to someone who has input to what we read.
Folks, the bottom line is there IS a Move Over Law and if you drive you are responsible for obeying it. If the office 'lights' you up in pursuit there should be NO discretion. ( At this point the LEO has a personal stake, their safety.)
Pay the fine and ATTENTION and don't let it happen again.
Mr. Carter obviously voiced his objection to being cited, convicted, and fined for the offense to someone who has input to what we read.
Folks, the bottom line is there IS a Move Over Law and if YOU drive YOU are responsible for obeying it. If the officer 'lights' up to persue you there should be NO discretion because the LEO has a personal involvement, their safety.
Pay the fine and attention and don't let it happen again. Gob Bless You.