Effective January 22, 2023, Texas has toughened up on its Move Over Law, potentially costing drivers up to $4,100 for violations.
The tougher approach is meant to bolster safety on the road for emergency personnel, tow truck operators and utility workers, who work in perilous conditions every day.
It is essential for every Texas drive to stay up to date with these changes not only to avoid costly fines, but more importantly to protect those that work in these dangerous roadside working conditions.
What Is the Move Over Law and Why Texas Strengthened It
The Move Over Law was first passed in Texas in 2003, but only covered law enforcement officers at that time. Over the years, the state has added more roadside workers to the law, recognizing the danger they face from traffic whizzing by.
The new stiffened penalties underscore Texas’ determination to curb roadside carnage, which has killed many people over the years.
According to TxDOT, thousands of roadside workers and emergency responders have been either killed or injured in roadside crashes in recent years.
These shockingly high numbers caused legislators to rethink the penalties for the Move Over Law, leading to the current, harsher penalties.
THE HUMAN COST BEHIND TOUGHENED LAW
Behind the legal changes lie hundreds of tales of tragedy. Consider the case of James Davidson, a Houston-area tow truck operator who was killed by a passing vehicle while helping a stranded motorist on Interstate 45 in 2022.
Or Sara Mendez, a highway maintenance worker whose life was changed forever when a distracted driver neglected to move over while she was fixing a guardrail near Austin.
“Every time we go out for a roadside emergency, we’re risking our lives,” Carlos Ramirez, a veteran tow truck driver in San Antonio, said in a statement.
“You don’t realize how scary it is to have a car whiz by a couple of feet from you at 70 miles an hour.”
Personal accounts like these have motivated Texas to develop real consequences for anyone who ignores the safety of roadside workers.
Understanding Texas’ Updated Move Over Law Requirements
The fundamental principles of Texas’ Move Over Law are unchanged, but knowing and obeying it now — with increased consequences in the event of violation — is more critical than ever.
Who Is Covered by the Law
The Texas Move Over Law protects:
Law enforcement vehicle and police officers
Fire trucks and firefighters
Emergency services vehicles and staff
Tow truck operators
TxDOT = Texas Department of Transportation workers
Utility personnel (electric, water, telephone)
Highway maintenance vehicles
Flashing lights of construction and maintenance vehicles
Solid waste collection vehicles (Garbage truck)
What Drivers Are Required to Do in Order to Comply
Drivers in Texas must do the following when approached any of the protected vehicles with their emergency lights or warning signal on the road:
When road conditions permit, move over to a lane not adjacent to the stopped vehicle if possible. That means switching to a lane away from the stopped emergency vehicle.
Slow down by 20 mph below the posted speed limit if you cannot change lanes or are on a road without multiple lanes in the same direction.
These rules are in place on all roadways in Texas – highways, freeways, city streets and rural roads. Traffic conditions or weather do not matter when it comes to whether the law applies 24 hours a day.
The New Penalty Structure: What Is the Fine of $4,100?
Drastically increased fine structure is the biggest change to Texas’ Move Over Law Under the previous rules, offenders commonly received fines of between $200 and $500.
Under the stricter law, penalties have been designed to impose a real deterrent:
First-Time Violations
Basic infraction (no injury or damage): $500–$1,000 fine
Increased violation (producing an unsafe situation): $1,000-$2,000 fine
Repeat Offenders
2nd violation in 12 months: Fines double up to $2,000
Third or subsequent violation: Up to $4,100 fine and potential license suspension
When Injuries Occur
If property damage occurs in violation of the Move Over Law, it commits a Class B misdemeanor, with fines up to $2,000 and possible jail for 180 days.
If a protected worker suffers any bodily injury as a result of the violation, penalties increase to:
• Class A misdemeanor: Up to $4,100 fine
Face up to one year’s potential jail time
Court-mandated driving safety training
Penalties: up to one year of potential license suspension
“These heightened penalties should underscore how serious we are about roadside safety.” “It’s not about raking in the fines — it’s about changing driver behavior to save lives.”
How Texas Is Cracking Down Under the Toughened Law
Texas has also stepped up enforcement efforts along with the stricter penalties.
To that same end, the Texas Department of Public Safety has launched targeted enforcement campaigns and assigned officers specifically to patrol to ensure compliance with the Move Over Law.
Advanced Enforcement Methods
Unresponsive patrol cars placed in proximity to real emergencies
Install camera systems on emergency vehicles to record violations
Interagency coordination for “Move Over” enforcement blitzes
Public education campaigns combined with periods of increased enforcement
As Travis County Sheriff Deputy Jonathan Chen says, “We’re using a combination of education and enforcement.
At times we might have a deputy stationed downstream from a legitimate traffic stop, and watch to see if drivers move over or slow down as required.”
The enforcement campaign is already starting to pay off.
In the first three months following the implementation of most of the increased penalties, there was a 67% hike in Move Over Law citations compared to the same period in 2021.
The Law in Action: Why It Matters
That has a monetary penalty, but Texas officials say the Move Over Law is not so much about revenue as it is about lives.
Statistics Tell the Story
Since 2015, over 100 Texas emergency responders have been hit, and killed, working roadside rescues.
Surprisingly, tow heads face a fatality rate almost 15 times greater than the average for all other occupations
In 2023, 24 TxDOT employees were injured in roadside incidents after motorists did not move over.
Personal Perspectives
Molly Henderson, whose husband suffered grievous injuries when working as a utility lineman on a roadside repair, passionately supports the strengthened law:
“Until it happens to someone you love, you don’t understand how a simple action like changing lanes can be the difference between life and death.”
First responders are often involved in close calls while performing roadside incidents. “There’s not a week that goes by where I don’t have at least one close call,” says Derek Washington, an Austin firefighter.
“There are people distracted, speeding or just not looking where they’re going.”
The Proper Way to Follow the Move Over Law
In order to follow the Move Over Law in Texas correctly, you need to be aware and prepared. Here is what experts suggest:
What Texas Drivers Can Do: Next Steps
Look further ahead — Scanning the road further ahead gives you more time to spot emergency vehicles and safely make lane changes.
Minimize distractions — Put down the phone and pay attention, especially on highways where emergency vehicles frequently operate.
Ways to Get Ready to Respond — As soon as you spot flashing lights ahead of you, start assessing your options.
Signal early — When getting ready to change lanes, signal well ahead of time.
Look out for multiple emergency vehicles — Where there is one emergency vehicle, there are often many.
Slow down – If you cannot move over, slow down until you are well past the scene.
“The key is anticipation,” said Sophia Garcia, a driving instructor in Texas. “Don’t wait until you’re right up next to a stopped emergency vehicle to make choices. Look ahead, anticipate troublesome situations and take action.”
Why Fine Doesn’t Equal Compliance
However, compliance is still an issue, even with the escalated penalties. Traffic safety experts cite a variety of factors:
Barriers to Compliance
4: Lack of awareness – Many drivers simply have no idea of the requirements of the law
Traffic density – Lane changing is difficult when there is heavy traffic
Common misconceptions — Some drivers think that the law applies to police cars only
Drivers engaged with phones or other distractions miss visual cues
Speed — The faster a driver is going the less time they have to respond properly
“Education is just as equally as important as enforcement,” says TxDOT spokesperson Miguel Sanchez. “We’re trying to make sure every Texas driver knows not just the penalties but the human reasons behind this law.’
Move Over Laws: The Future in Texas and Beyond
The Lone Star State’s hardened stance on Move Over Law violations could be part of a pattern throughout America. Other states are closely watching Texas, with several debating similar penalty increases.
Potential Future Developments
Integration with programs for driver education and license testing
Technological solutions like alerts acting as navigational warnings near an emergency scene,
Extension of protections to disabled civilian vehicles
Moving federal Move Over standardization forward
“What we’re doing in Texas can save lives all across the country,” said State Representative Anita Gomez, who spearheaded the tougher penalties.
“Every state experiences the same roadside perils, and we can use our experience to help inform sound policies in other places.”
How to Help Spread Awareness
Concerned Texans can promote roadside safety, too, beyond complying with the law themselves:
#2 – Post on social media about the Move Over Law
Make (some) family members aware of the requirements
Participate in awareness campaigns from first responder agencies
The most simple act that we can do that models this behavior is visible compliance.
“There are so many times we are doing the right thing by getting to the side of the road or slowing down — when you do that, you might be influencing other drivers to do so,” says Robert Turner, a safety advocate.
“It builds a culture of compliance that is lifesaving.”
Frequently Asked Questions
Is the Move Over Law applicable to emergency vehicles obstructing the opposite side of a divided highway.
No, that law only applies when an emergency vehicle is in the same direction of a road you are traveling.
Do I still have to move over if there’s a concrete barrier between my lane and the emergency vehicle?
If it’s just a lane of traffic and a concrete barrier separating your vehicle from the emergency vehicle, you don’t need to move over all the time, but still be careful when passing several lanes.
How long must I stay at a reduced speed?
You should remain at the reduced speed until past the emergency scene and it is safe to return to the normal speed.
But if moving over would cause me to break another traffic law?
Safety comes first. If shifting over would create a hazard, concentrate on slowing your speed.”
Does emergency vehicle camera footage get you cited?
Yes, many emergency vehicles and law enforcement vehicles are now equipped with cameras that can document Move Over Law violations, which can lead to post-incident citations.