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Home News Public hearing as state lawmakers discuss ‘Move Over’ law proposals

Public hearing as state lawmakers discuss ‘Move Over’ law proposals

by Celia

Public testimony was heard at the Statehouse on Tuesday from families of victims affected by drivers who fail to comply with the state’s “Move Over” laws.

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This comes as lawmakers consider several bills to update the Commonwealth’s current version of the law.

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The proposed updates would strengthen the consequences for ignoring the law and help protect the lives of first responders.

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Massachusetts lawmakers heard public testimony Tuesday on possible changes to the state’s “Move Over” law.

The law currently requires drivers to slow down and move over to another lane, if possible, when approaching stationary emergency vehicles, tow trucks and highway maintenance vehicles. But safety concerns remain, which is why many want a stricter law.

“This bill is a very sensible bill in response to the fact that there are missteps and that being struck is the number one cause of death for law enforcement,” explained District Attorney Marian Ryan. “The number two, and this is very surprising, the number two cause of death for firefighters. And that doesn’t even get to the ambulance and tow truck drivers that are out there.

Middlesex District Attorney Marian Ryan addressed the Massachusetts Joint Committee on Transportation.

She was joined by Nancy Devlin. The widow of a state trooper who died in 2020 after being hit by a driver in 2018.

“I picked up my husband’s death certificate and showed it to him – ‘complications of blunt force trauma’. And it didn’t have to happen,” Devlin said.

Devlin, who was joined by her sons, offered testimony – in support of tougher penalties for those who ignore the law.

“One operator completely and devastatingly changed the course of our lives forever,” Devlin added. “For two years I had to be Tommy’s voice and strong advocate. Our families have been through so much and we have all had so much taken from us. Today I am using my voice to demand that this legislation be passed.

The law first came into effect in 2009 and since then the penalty for failing to move over and slow down has been the same $100.

A fine that retired law enforcement officer and state representative George Xiarhos said was not enough.

“A $100 fine? For hitting and killing a state trooper? I think we’d all agree that’s not right.

Among the proposed changes:

  • Increasing the fine to $250 for a first offence
  • $500 for a second offence
  • $1,000 for a third or subsequent offence.

Those who commit a second or third offence would also be required to complete a driver education programme through the Registrar of Motor Vehicles.

In addition, if the offence results in injury to another person, whether a first responder or not, the penalty would be a criminal misdemeanour with a fine of $2,500 or up to one year behind bars.

On Tuesday, before the hearing began, the Massachusetts State Police Association showed its support for the bills, which it said could be “life-saving” for first responders across the state.

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