Tennessee Criminal Lawyer Blog

Tennessee traffic citation attorneys realize that the State of Tennessee upped the ante on traffic violations involving emergency vehicles. The Move Over Law is part of the Failure to Yield to Emergency Vehicles Law. Tennessee drivers were already required to move to the right side of the road when an emergency vehicle approached before the enactment of the Move Over Law.

The Move Over Law affects cars that are approaching stopped emergency vehicles, police vehicles and authorized towing or road maintenance vehicles with flashing lights. When cars are approaching these stopped vehicles, the cars must yield the right of way and change lanes to move away from the vehicles. If cars cannot change lanes, the cars must slow down. The law is intended to protect state troopers and other officials who work on the side of the roadway.

According to Tennessee law, upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of the applicable laws of this state, or of a police vehicle properly and lawfully making use of an audible signal only:

• The driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer; and
• Upon the approach of an authorized emergency vehicle, as above stated, the operator of every streetcar shall immediately stop such car clear of any intersection and keep it in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

Upon approaching a stationary authorized emergency vehicle, when such vehicle is giving a signal by use of flashing lights, a person who drives an approaching vehicle shall:

• Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; or
• Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.

Upon approaching a stationary recovery vehicle or a highway maintenance vehicle, when such vehicle is giving a signal by use of authorized flashing lights, a person who drives an approaching vehicle shall:

• Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to the stationary recovery vehicle or the highway maintenance vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; or
• Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe. Tenn. Code Ann. § 55-8-132 (2007).

A violation of the Move Over Law is a Class B misdemeanor punishable by a fine of not less than one hundred dollars nor more than five hundred dollars, or imprisonment not greater than thirty days, or both. If you have been cited with violating the Move Over Law, contact a traffic citation attorney. Our lawyers handle speeding tickets and other moving violations in Knoxville, Sevierville, Newport, Loudon, Johnson City, Greenville, and Maryville.