NORWICH – On Jan. 1, New York will become the 49th state to enact “Move Over” legislation aimed at protecting law enforcement officers and emergency workers who are performing their duties along the roadways.
Governor David Paterson signed the Ambrose-Searles ‘Move Over Act’ into law this past summer and it will take effect at the start of the year.
According to the National Law Enforcement Officers Memorial Fund, more than 160 police officers have been killed nationwide in roadside collisions since 1999.
New York’s law, the Ambrose-Searles Move Over Act, is named in honor of New York State Trooper Robert W. Ambrose and Onondaga County Sheriff Deputy Glenn M. Searles, who were both killed in the line of duty while their patrol vehicles were stopped along the road.
“The highway is one of the most dangerous environments faced by law enforcement,” announced Acting New York State Police Superintendent John P. Melville in a statement. “Unfortunately, too many motorists either ignore or fail to perceive the dangers associated with driving too close to emergency vehicles that are stopped on the side of the road. We hope that by informing the public of this new law and vigorously enforcing its provisions, we will be able to improve safety for emergency professionals who work in these hazardous conditions.”
Move over legislation has been passed in 49 of the 50 states and New York was the last state, besides Hawaii, to adopt the law.
The laws requires:
• Drivers must use due care when approaching an emergency vehicle that displays red and/or white emergency lighting. 
• On all roads and highways, drivers must reduce speed; 
• On parkways and other controlled access highways with multiple lanes, drivers must move from the lane immediately adjacent to the emergency vehicle, unless traffic or other hazards exist to prevent doing so safely.
Norwich Police Chief Joseph Angelino supports the law and said although local officers haven’t had any incidents in recent memory, most could recall at least one near-miss scenario while working along the city’s streets.
“While we don’t have an interstate or controlled access highway in Norwich, we still have officers who must stand in or near the road in the performance of duty,” said Angelino. “The law doesn’t specify ‘due care’, but I’d suggest in the city slowing down at least 10 MPH below the posted limit as you pass a stopped emergency vehicle. Out on the highways, a greater reduction in speed is warranted.”
Norwich Patrolman Reuben Roach said most drivers use common sense and slow down when approaching a police vehicle or officer, but added that it only takes one inconsiderate or inattentive driver to cause an accident.
“There is a lot to pay attention to as an officer; you’re in the middle of a traffic stop, you have cars driving by and depending on why you pulled someone over, the stop itself can demand a lot of your attention. You don’t really know what to expect. Even just a routine stop requires an exchange with the driver and even when we’re trying, we can’t watch everything all at once,” he said.
Roach said police employ a number of safety precautions and have specific training when stopping along a public road. Police activate their vehicle’s warning lights and purposefully park a little bit farther from the curve than the car ahead of them. This allows a sliver of space for the officer to stand beside the pulled over vehicle while being sheltered by his patrol car. Parking at an angle with the police vehicle’s wheels turned toward the road, officers are partially protected from a direct collision and are basically using the patrol car as a shield against traffic heading in the same direction.
These measures offer no guarantee however, and many police are still killed or injured while employing these practices.
“The only sure way to avoid an accident is to make sure people are paying attention,” said Roach.
Police will now have the authority to fine unruly drivers up to $275, plus mandatory court surcharges and a finding of guilt will add two points to the operator’s license record, most likely causing insurance rates to increase as well.
“When officers are investigating an accident or directing traffic, they will wear high visibility safety yellow reflective vests, but at traffic stops we are exempted, for tactical reasons, from this requirement,” said Angelino.
“The law doesn’t mention wrecker and tow truck operators, but I think common sense would apply for the safety of those workers also,” added the police chief.
Police also want to remind motorists that a moving emergency vehicle has the right of way and drivers are required to safely pull over to the right and come to a full stop until the emergency vehicle passes.
“Many times motorists will slow down and pull to the right, but they should also come to a stop. During an emergency, we have a lot going on inside our cars and passing moving vehicles just adds another distraction,” said Angelino.