Florida Statute 316.126 is the Move Over Law. It requires drivers to change lanes away from, or slow down for, certain vehicles stopped on the roadside, and it now covers ordinary disabled vehicles as well as emergency responders and service crews.
Many Florida drivers are aware of the Move Over Law's existence, but they often lack an understanding of its serious consequences. Keep reading to learn about the various penalties associated with failing to comply with this important traffic regulation.
When the Law Applies
Florida Statute 316.126(1)(b) lists the vehicles it covers: an authorized emergency vehicle displaying visual signals, a sanitation vehicle, a utility service vehicle, a wrecker showing amber rotating or flashing lights, a road and bridge maintenance or construction vehicle displaying warning lights, and a disabled motor vehicle. A disabled vehicle counts if it is displaying warning or hazard lights, is using emergency flares or posted emergency signage, or simply has one or more people visibly present. The Florida Highway Safety and Motor Vehicles Move Over page covers the same ground for drivers.
Proper Compliance with the Law
To comply with Florida's Move Over Law, drivers must take specific actions when approaching covered vehicles on the roadside. On multi-lane roads, drivers should vacate the lane closest to the stopped vehicle as soon as it is safe to do so.
When changing lanes is not possible or safe, Florida Statute 316.126(1)(b)2. requires the driver to slow to 20 miles per hour below the posted speed limit where that limit is 25 mph or higher, or to 5 miles per hour where the posted limit is 20 mph or less.
Fines and Monetary Penalties
Violating Florida's Move Over Law can result in significant monetary penalties. These fines aim to discourage violations and highlight how seriously the state takes this offense.
Base Fines for First-Time Offenders
The base fine is $30. Florida Statute 318.18(2)(d) sets that amount for every violation of s. 316.126(1)(b), and it is the same for a first violation as for a later one.
What you actually pay is higher. Court costs and the statutory fees added by the clerk are charged on top of the base fine, and those add-ons vary by county, so two drivers cited for the same conduct in different counties can owe different totals.
Do Repeat Violations Cost More?
Not in the fine itself. Florida Statute 318.18(2)(d) sets one amount for a Move Over violation and contains no escalator for a second or subsequent offense, and there is no lookback period that doubles it. Some other traffic fines are doubled by statute, such as speeding in a posted school or construction zone under s. 318.18(3)(c) and (3)(e), but a Move Over violation is not one of them.
Repeat violations still cost you. Each one adds points, and points are what drive license suspensions and insurance increases, so the second citation is expensive for reasons that have nothing to do with the fine amount.
Points on Driver's License
In addition to monetary fines, violating Florida's Move Over Law also results in points being added to the offender's driver's license. Florida uses a point system to track traffic violations and assess a driver's overall record, with accumulating points potentially leading to license suspension.
Number of Points for Move Over Law Violations
A Move Over violation adds three points to your license. Florida Statute 316.126(6) makes a violation of subsection (1) a noncriminal moving violation, and Florida Statute 322.27(3)(d) assesses three points for all other moving violations.
To put this in perspective, other common traffic violations, such as speeding (depending on the speed) or running a red light, often carry fewer points. The relatively high point value for Move Over Law violations emphasizes the importance the state places on protecting roadside workers and emergency responders.
Consequences of Accumulating Points
Points add up across violations, and Florida Statute 322.27(5) turns them into suspensions: 12 points in 12 months is a suspension of up to 30 days, 18 points in 18 months is up to 3 months, and 24 points in 36 months is up to 1 year. The state points page explains how the department applies them.
These suspensions can significantly impact an individual's daily life, potentially affecting their ability to commute to work or carry out essential tasks. Points stay on a driver's record for at least three years, and during that window they drive insurance rates and the penalty for any new violation.
Potential Criminal Charges
While most Move Over Law violations result in civil penalties, there are circumstances under which more serious criminal charges may apply. These situations typically involve reckless behavior or incidents resulting in harm to others.
Reckless Driving Charges
In some cases, a violation of the Move Over Law may be elevated to a reckless driving charge. This can occur if the driver's actions are deemed to demonstrate a willful or wanton disregard for the safety of others.
Reckless driving is a criminal charge, not an infraction. Florida Statute 316.192(2) punishes a first conviction by up to 90 days in jail and a fine of $25 to $500, and a second or subsequent conviction by up to 6 months and a fine of $50 to $1,000.
Charges Related to Accidents or Injuries
If a Move Over violation causes a crash, an injury or a death, the exposure stops being a traffic ticket.
Where someone is seriously hurt, the charge is usually reckless driving causing serious bodily injury, a third-degree felony under Florida Statute 316.192(3)(c)2., punishable by up to 5 years in prison. Causing property damage or a lesser injury is a first-degree misdemeanor under s. 316.192(3)(c)1.
Where someone is killed, the charge is vehicular homicide under Florida Statute 782.071. It is a second-degree felony carrying up to 15 years in prison and a $10,000 fine, and it becomes a first-degree felony carrying up to 30 years if the driver knew or should have known a crash occurred and failed to stop and render aid as s. 316.062 requires.
Court Appearances and Legal Proceedings
Some Move Over Law violations, particularly those involving accidents, injuries, or repeat offenses, may necessitate court appearances and legal proceedings.
Mandatory Court Appearances
In cases where a Move Over Law violation results in an accident, injury, or is part of a pattern of repeat offenses, the offender may be required to appear in court. This is typically communicated through a court summons, which will specify the date, time, and location of the required appearance.
During a court appearance, the judge will review the circumstances of the offense, consider any prior violations, and determine appropriate penalties. This may include fines, license suspension, mandatory traffic school, or other consequences depending on the severity of the violation and the driver's history.
Legal Representation for Move Over Law Violations
Given the potential severity of penalties associated with Move Over Law violations, seeking legal representation can be highly beneficial. An experienced traffic attorney can provide valuable assistance in navigating the legal process and potentially mitigating the consequences of the violation.
A skilled lawyer can help review the evidence, challenge the circumstances of the citation if appropriate, and negotiate with prosecutors. In some cases, they may be able to have charges reduced or penalties lessened, particularly for first-time offenders or in situations where there are mitigating circumstances.
Impact on Insurance Rates
Traffic violations, including those related to the Move Over Law, can have a significant impact on a driver's insurance premiums.
Short-Term and Long-Term Effects on Premiums
Insurers treat a Move Over violation as a moving violation with points, and points are what they price. How much a premium moves depends on the carrier, the driver's existing record and the policy, so no single percentage applies. The increase is usually not a one-year event either: carriers commonly rate a violation for three to five years from the conviction date.
Strategies for Mitigating Insurance Impacts
While the insurance impact of a Move Over Law violation can be significant, drivers can employ strategies to mitigate these effects. These include completing a state-approved defensive driving or traffic school course, maintaining a clean driving record following the violation, and shopping around for new insurance quotes after a violation.
Many insurance companies offer discounts to drivers who voluntarily complete defensive driving courses, which can help offset the increase from the violation.
Speak to a Traffic Law Attorney About Your Case
A Move Over violation costs $30 under Florida Statute 318.18(2)(d), three points under s. 322.27(3)(d), and considerably more than that if it causes a crash. The law now reaches ordinary disabled vehicles stopped on the shoulder, not only emergency and service vehicles, which is the part most drivers have not caught up with.
If you're facing charges related to a Move Over Law violation or any other traffic offense in Florida, don't face them alone. The attorneys at Weinstein Legal Team handle traffic offenses in Florida and can tell you what a plea would do to your driving record, your points and your insurance.
Contact Weinstein Legal Team today at 888-626-1108 or click here to schedule a consultation with an attorney to learn how we can assist with your case.
