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States Expand Move-Over Mandates to Protect Truckers and Motorists on Roadside

Lawmakers across the country are overhauling roadside safety statutes to cover every disabled vehicle, creating a uniform standard that impacts CDL-A drivers nationwide.

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WASHINGTON, D.C. — State legislatures nationwide are rapidly expanding move-over mandates to cover any stationary vehicle displaying hazard lights or roadside warnings, closing critical gaps that previously left truck drivers and stranded motorists vulnerable on the shoulder. Federal data shows that between 2013 and 2023, approximately 3,500 fatalities occurred nationwide involving individuals standing near disabled vehicles, driving an urgent push for legislative updates. While all fifty states enacted some version of a move-over law by 2012, those early statutes largely applied only to police cruisers, emergency units, and maintenance trucks. Recent legislative sessions have targeted total highway coverage, transforming how traffic must react to any vehicle in distress.

Kansas Governor Laura Kelly signed sweeping legislation that broadens protections beyond emergency and utility equipment to include any stopped or parked vehicle displaying hazard lights, road flares, traffic cones, or reflective triangles. Colonel Erik Smith of the Kansas Highway Patrol noted that the updated statute simplifies public messaging by establishing a single rule for all flashing lights on the shoulder. California is pursuing similar upgrades through Assembly Bill 390, targeting marked maintenance units and any stationary vehicle using safety signals or hazard flashers. Data from the AAA Foundation for Traffic Safety highlighted 72 deaths in California during 2021 alone involving individuals outside disabled vehicles, including commercial truck drivers, delivery workers, and stranded motorists. Lawmakers in New Jersey, Ohio, West Virginia, Massachusetts, and New Hampshire are advancing parallel measures to encompass utility trucks, disabled passenger vehicles, and roadside assistance units.

For an OTR truck driver or regional owner-operator, these evolving statutes mean that any break down, blown tire, or engine inspection on the shoulder demands maximum caution from passing traffic. New Jersey legislators are weighing amendments that would penalize motorists who fail to move over even when a stalled vehicle lacks active hazard lights or reflective warnings, setting a strict standard for highway compliance. Ohio lawmakers are advancing Senate Bill 16 to protect any vehicle in distress displaying flares or reflectors, while New Hampshire passed Senate Bill 273 with unanimous Senate support to cover vehicles stopped with activated safety devices. Enforcement agencies are increasing patrols and issuing stiffer penalties for drivers who crowd the breakdown lane, directly impacting commercial fleet operations and route planning.

What This Means for Drivers

CDL-A drivers must adapt instantly to shifting state-level interpretations of move-over rules as legislatures eliminate distinctions between emergency fleets and disabled commercial trucks. Fleet managers are updating compliance training for all OTR truck drivers to reinforce that flashing hazard lights now trigger mandatory lane changes or speed reductions across an increasing number of jurisdictions. Owner-operators facing mechanical failures on busy corridors must deploy reflective triangles and flares immediately to ensure statutory protection under these expanding state laws. Trucking companies hiring new talent expect prospective drivers to demonstrate complete awareness of these roadside safety mandates during safety orientations.

Industry Reaction

Safety advocates and state police agencies praise the legislative push for bringing clarity to complex highway rules that previously varied widely between neighboring jurisdictions. Colonel Mark Hall of the New Hampshire State Police emphasized that prioritizing attention and slowing down for anyone stopped on the shoulder remains essential for preventing needless highway tragedies. As trucking companies hiring through ustrucker.info look to secure dependable drivers, safety record and regulatory compliance remain top priorities for top-tier carriers.

Key Points

  • Approximately 3,500 fatalities occurred between 2013 and 2023 involving individuals standing near disabled vehicles.
  • Kansas expanded its law to cover any stopped vehicle displaying hazard lights, flares, or cones.
  • California Assembly Bill 390 targets protections for all marked maintenance vehicles and disabled cars using safety signals.
  • New Hampshire Senate Bill 273 received unanimous Senate approval to cover vehicles stopped with safety devices.

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Photo by Gustavo Fring on Pexels

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Pete Lindqvist
Fleet technology correspondent covering ELDs, telematics, autonomous trucking, and the gear that's changing life in the cab. Pete holds an active Class A CDL and tests equipment on working routes.