WEST VIRGINIA (LOOTPRESS) – West Virginia’s expanded Slow Down, Move Over law, aimed at protecting all those at the roadside, will take effect July 11, in time for the height of the summer travel season.
Since 2003, West Virginia has had a law requiring drivers to “slow down and move over” to protect first responders. But after HB 2344 was passed by the Legislature and signed into law by Governor Patrick Morrisey in April, the existing law was expanded. The expanded law includes road maintenance workers as well as disabled vehicles displaying emergency flashers or some type of warning signal. With the expansion, West Virginia’s Slow Down, Move Over law now protects all those working roadside as well as stranded motorists.
The newly expanded law requires drivers to follow the same precautions for maintenance vehicles and disabled vehicles at the roadside as previously required for first responders. The language defines “maintenance vehicles” to include any vehicle involved in performing public service on public highways, bridges and facilities located within their limits. This language essentially ensures the law includes all roadside workers rather than only a portion, while also adding protection for motorists with disabled vehicles at the roadside.
Starting Friday, July 11, motorists approaching first responders, a road maintenance vehicle or a disabled vehicle displaying emergency flashers, flares or other type of warning signal, will be required:
- to move over a lane, away from the disabled vehicle, if safe to do so; or
- reduce their speed if unable to change lanes or if on a roadway of fewer than four lanes.
According to AAA analysis of data obtained from the National Highway Traffic Safety Administration, more than 450 people across the country were killed in 2022 while tending to a disabled or stopped vehicle. From 2017-2021, the data shows 1,874 people were struck while outside of a disabled vehicle in the U.S.
Data from the U.S. Bureau of Labor Statistics shows highway maintenance workers are among the most at risk for on-the-job fatalities, ranking even more dangerous than law enforcement.
“AAA applauds the West Virginia Legislature for their effort in passing this critical piece of legislation to protect motorists at the roadside and we thank Governor Morrisey for signing the measure into law,” said Lori Weaver Hawkins, public affairs manager, AAA Blue Grass. “The side of a road is an extremely dangerous place, with vehicles passing by at high rates of speed. As a strong traffic safety advocate, AAA is pleased to see this protection extended to motorists in disabled vehicles as well as road maintenance vehicles, while continuing to protect all first responders.”
AAA has been instrumental in the passage of Move Over laws across the country to protect first responders, law enforcement officers, roadside assistance providers and other roadside workers. The Auto Club has since been working to expand existing laws to include all workers and motorists at the side of the road. West Virginia joins nearly 30 states in extending these protections to civilian motorists with a disabled vehicle.
“This law provides additional protection for all motorists stranded at the roadside,” says Jim Garrity, director of public affairs, AAA East Central. “We applaud Governor Morrisey for signing this legislation into law and the West Virginia Legislature for passing this measure, under the support and leadership of Delegate Jarred Cannon and Sen. Mark Maynard.”
Despite all 50 states having some form of Move Over law, motorists routinely indicate when surveyed that they are either unaware of these laws or are uncertain which groups or types of vehicles apply. Expansion of West Virginia’s existing Slow Down, Move Over law reduces confusion by requiring motorists to extend caution to anyone displaying flashing lights on or around a stationary vehicle stopped at the side of the road.
