By Bonita Wilborn
First Responders are worried their luck will run out after several serious close calls in which first responders working along Alabama highways were hit by drivers failing to move over.
On Saturday, May 28, a Boaz Police Officer was conducting a traffic stop and had his emergency lights on while pulled over to address the stopped vehicle. He was struck by a speeding vehicle on U.S. 431 at Seay Avenue.
The driver responsible for the damage was traveling about 70 mph in a 45-mph speed zone when they hit the patrol car, and the patrol car hit the officer. Fortunately, the officer is back on duty, but the wrecked SUV is still parked in the police department lot. The accident could have been much worse.
Boaz Police Assistant Chief Michael Hempel said, “We need your help to give us room out there to do our jobs safely,”
Alabama’s Move Over Act has been in the books since 2010, but police say many drivers don’t bother to follow it. Even if you can’t safely move over to another lane, the act requires drivers to slow down.
According to Hempel, first responders see distracted drivers on cell phones, putting on makeup, and even eating when they blow past these scenes, sometimes without ever noticing the flashing lights.
“This is deadly serious. We need drivers to pay attention,” Hempel added.
Alabama’s Move Over Act reads as follows:
Moving over or reducing speed when approaching law enforcement vehicles, emergency vehicles, etc.
(a) This section shall be known as the “Alabama Move Over Act.”
(b)(1) When an authorized law enforcement vehicle or emergency vehicle making use of any visual signals is parked, when a wrecker displaying amber rotating or flashing lights is performing a recovery or loading on the roadside, when a utility service vehicle operated by or on behalf of an entity providing utility services displaying any rotating lights, flashing lights, or other visual signals is parked on the roadside while performing tasks associated with the provision of utility services, when a vehicle displaying flashing lights is parked or engaged in the performance of official duties on or along a road, or when a garbage, trash, refuse, or recycling collection vehicle is actively collecting garbage, trash, refuse, or recycling materials on the roadside, the driver of every other vehicle, as soon as it is safe, shall do the following:
• When driving on an interstate highway or other highway with two or more lanes traveling in the direction of the law enforcement vehicle, emergency vehicle, wrecker, utility service vehicle, vehicle displaying flashing lights, or garbage, trash, refuse, or recycling collection vehicle, the driver shall vacate the lane closest to the law enforcement vehicle, emergency vehicle, wrecker, utility service vehicle, vehicle displaying flashing lights, or garbage, trash, refuse, or recycling collection vehicle, unless otherwise directed by a law enforcement officer. If it is not safe to move over, the driver shall slow to a speed that is at least 15 miles per hour less than the posted speed limit unless otherwise directed by a law enforcement officer.
• When driving on a two-lane road, the driver shall move as far away from the law enforcement vehicle, emergency vehicle, wrecker, utility service vehicle, vehicle displaying flashing lights, or garbage, trash, refuse, or recycling collection vehicle as possible within his or her lane and slow to a speed that is 15 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater or travel at 10 miles per hour when the posted speed limit is 20 miles per hour or less, unless otherwise directed by a law enforcement officer.
(2) A violation of this subsection is a misdemeanor punishable by a fine of one hundred dollars ($100). Upon a second violation of this subsection, the fine shall be one hundred fifty dollars ($150). Upon a third or subsequent violation, the fine shall be two hundred dollars ($200).
(c)(1) The Alabama State Law Enforcement Agency shall provide an educational awareness campaign informing the motoring public about this section. The agency shall provide information about this section in all newly printed driver’s license educational materials after January 1, 2010.
(2) This section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.