We’ve all been there – on the road when a rescue vehicle or swarm of first responders drive up the street behind us. The reality is emergency situations can happen anytime and anywhere. If you see an emergency vehicle in your rear-view mirror, a vehicle stopped by the side of the road, or a pedestrian stranded on a busy highway, you should be cognisant of the risk and move over to allow for safe space and proximity from your vehicle and the other object in the situation. In Nevada, the Move Over Law states drivers are required to shift or switch lanes away from rescue vehicles, pedestrians or other traffic incidents present on the side of the road.
What is Nevada’s Move Over Law?
Nevada’s Move Over Law, NRS 484B.607, discusses the duties of drivers when approaching traffic incidents and penalties. This law states that a driver is to shift positions on the road, changing lanes immediately to yield for any traffic incident. A driver must move their car to the next lane, giving adequate space for whatever is on the side of the road.
This law covers emergency/rescue vehicles, construction equipment and machinery, parked vehicles of private parties, pedestrians, and even debris or obstacles found on the road. Those who violate Nevada’s Move Over Law may face significant fines, license points, and potentially jail time, depending on the extent of the offense.
This law states the following:
Duties of driver when approaching traffic incident; penalty
- Applies when approaching a traffic incident, such as:
- Emergency/rescue vehicles
- Stalled or stopped vehicles
- Debris on the roads or highways
- Government vehicles, flashing amber or non-flashing blue lights
- Utility and construction vehicles
- A car accident scene or debris
- Pedestrians on the side of the road or highway
- Drivers are to:
- Slow down and decrease speed
- Proceed with caution, yielding traffic incidents
- Prepare to stop, especially if a fast or abrupt stop may be required to avoid the traffic incident
- Proceed in one of the lanes away from the incident when possible
Violations and Penalties
A violation of the Move Over Law results in a misdemeanor and is punishable by a fine of up to $395 and potentially four license demerit points. Additional penalties may arise if one’s violation resulted in any injury or death of another driver or pedestrian.
- As stated above, the Nevada Move Over Law fine is $395. If a driver violates the law in a work zone, the fine may increase up to $790. Also, if a driver’s violation results in injury or death, to that of another driver or pedestrian, fines may be exceeding that of amounts listed previously. Beyond violation fines and demerit points, extreme offenses or multiple offenses may result in jail. Those with good traffic histories and driving records are rarely given jail time by a judge.
- Four license points
- Fine of $395, or $790 if the offense occurs in a work zone
- Increases in insurance rates and coverage payments
- Criminal record or traffic record
- Time in jail – up to six months or more if traffic violations result in injury or death
Reasoning for Not Following the Nevada Move Over Law
- Possible defenses, or reason for not abiding, for the Nevada move over law include:
- An emergency/rescue vehicle did not have emergency lights, sirens, or activated amber or blue lights when it should have
- Traffic flow or obstacles kept a driver from safely or feasibly moving over into another lane
- A driver moved over when possible, but an officer did not see the event happening at an appropriate time
Ignoring Your Ticket or Missing Court Date/Time for Nevada’s Move Over Law
If a driver ignores their ticket or misses their appointed date and time for court violation of the Nevada Move Over Law, they may be granted a grace period. A grace period typically is 30 days. If after the grace period a driver still has not addressed their ticket and violation, the court will issue a warrant for your arrest. When issued a warrant, the driver will be taken into custody until they clear up their violation or answer to their charges. It is best to respond to and handle your charges once you receive them to avoid additional fines or jail time.
In any case you may be faced with, we are always a resource for you to help you get the resolution you deserve.