NJ Legislators Propose Adding Points to Driving Record of Drivers who Violate NJ’s “Move Over” Law

Assembly Democrats Eric Houghtaling and Joann Downey are sponsoring a bill that would impose motor vehicle penalty points for violations of the state’s “Move Over” law.

The Move Over law requires motorists to move over, when possible, when they spot service vehicles including police cars, firetrucks and tow trucks with flashing lights.

The bill was inspired by Donna Setaro and her tireless campaign to raise awareness about New Jersey’s Move Over law. Setaro’s son, New Jersey State Trooper Marc Castellano, was struck and killed while standing on the shoulder of Route 195 in 2010. Setaro has since brought her “Move Over AwaReness Campaign,” or MARC, to thousands of people all over the state, and last month reached her personal goal of spreading her message to 100,000 people.

“People may not realize the importance of the Move Over law until tragedy strikes. Officer Castellano paid for this mistake with his life,” said Houghtaling, who introduced the bill. “There is good reason why this law is on the books. Adding points to a person’s driver’s record as a consequence of violating the Move Over law will strengthen the law and its consequences.”

“The Move Over law is very straightforward and yet people continue to break it, putting themselves and others in danger,” said Downey. “No one wants points on their driving records. Toughening the penalty will send a clear message to motorists about the importance of the law and serve as a better deterrent against distracted driving, which is the main cause of crashes in the state.”

Under New Jersey’s “Move Over” law, drivers are required to reduce the speed of their vehicles and change lanes when approaching an authorized emergency vehicle, tow truck or highway maintenance, emergency service or sanitation vehicle that is displaying flashing, blinking or alternating emergency lights. Violators are subject to a fine of between $100 and $500.

The bill (A-3890) would require two motor vehicle penalty points to be assessed when a motor vehicle operator violates the “move over” law. The accumulation of motor vehicle penalty points may result in additional penalties, including the imposition of surcharges and a license suspension.

“I want to thank Mrs. Setaro for bringing this issue to the forefront and for her efforts, which are self-funded, to educate the public about the Move Over law,” said Houghtaling. “Between her advocacy and our proposal to strengthen the law, we can get motorists to comply with the Move Over Law, and hopefully we can prevent the next family the pain that her family has endured.”

“Mrs. Setaro took it upon herself to raise awareness of the Move Over law to make young people in particular aware of the serious consequences that breaking this law can have. This bill honors her advocacy and the life of her son, which was tragically cut short,” said Downey. “I am optimistic that we’ll be able to get this through both houses and eventually to the governor to sign.”

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6 COMMENTS

  1. I think the “move over Law” isn’t known to everyone I’ve asked many drivers and weren’t aware of the law I don’t think people break the law on purpose •they don’t gain anything by not moving over• increasing the fine to points won’t really help I believe the appropriate thing to do is to let the law be known

  2. @Be realistic. You make a great point. There are many driving habits that are not employed making one wonder id the ever had driver education, and paid attention.

    Points for not moving over for emergency vehicles is the least a driver should get.

  3. This is just a money grab. More laws from big brother telling us how we should live. Spend time to explain the law, don’t just decide the State needs more money.
    Enough is Enough!

  4. Exactly, it is not always feasible to move over, as there can be somebody driving parallel in the left lane. Enforcing the “move over” law can result in worse consequences.

  5. Hay! Let the cop move over! You pulled someone over? Then play safe and pull him/her on a safe side and exit your car when safe. It’s not us drivers that need to be so careful that we should get points, it’s the cops who should really play it safe.

  6. Its your responsibility to know the law. The drivers in the right lane must pull over also and leave enough room for the left lane to do the same. Numerous studies on the safest ways to protect police to engage in traffic stops prove the way they approach it is best for all. Cops maintain the best visual, best and safest way to approach. Any harm to a police officer is a grave concern but the murder of police officers doing traffic stops is likely their highest risk. You want to fund the police? Donate to the PBA. Its time to read the DMV laws, fix your broken lights, your bald mismatched tires, get a brake job and put down the phone. 90% of traffic fatalities are caused by talking and texting than by drunk drivers. BTW, if you minus the numerical value of seder (order) from shalom (peace) you get hamas (chaos). Your choice.

Comments are closed.