What is Georgia’s Move-Over Violation Traffic Law?
Georgia’s move-over violation traffic law also known as the “Spencer Pass Law” requires that motorists on Georgia roadways move one lane over from emergency vehicles including HERO, EMS, law enforcement, fire department, Department of Transportation (DOT), and tow trucks that are stopped on the shoulder or in the roadway and operating in their official capacity. Official capacity will usually mean operating with their emergency lights on. Georgia’s move-over law is codified in the Official Code of Georgia (O.C.G.A.) O.C.G.A. 40-6-16, which reads:
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:
Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or
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.
The operator of a motor vehicle approaching a stationary towing or recovery vehicle, a stationary highway maintenance vehicle, or a stationary utility service vehicle that is utilizing traffic cones or displaying flashing yellow, amber, white, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:
Make a lane change into a lane not adjacent to the towing, recovery, highway maintenance, or utility service vehicle if possible in the existing safety and traffic conditions; or
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.
Fines for a violation of Georgia’s move-over traffic law can be up to $500.00 plus court costs and fees. In some jurisdictions the total fine amount could approach $1,000.00 depending on the circumstances surrounding the citation and the court’s additional surcharges. A conviction for violation of Georgia’s move-over traffic law will also put 3 points on your Georgia drivers license.
Like all traffic violations within the State of Georgia, not knowing about the law is not a legal defense if you are cited for a violation of O.C.G.A. 40-6-16. It is your responsibility to know all traffic laws as a driver on the roads of Georgia. There are defenses to a move-over violation. The statute does allow for you to remain in the lane of travel next to the emergency vehicle if you are unable to move over due to current traffic conditions AND you reduce your speed to a reasonable and proper speed under the current road conditions. That speed must be under the posted speed limit, but there is no specific amount your speed must be reduced. You just have to be at a speed that would allow you to stop your vehicle if instructed by a law enforcement officer.
If you have any questions regarding Georgia’s move-over law, please reach out to me by phone or submitting a contact request form from the link at the top right of my website. I would love to answer any questions you have regarding this law.
