Additions To State "Move Over" Law Takes Effect

CONCORD, NH – Additions that strengthen New Hampshire’s "Move Over" law take effect Aug. 5. The changes provide additional protection to public safety personnel by specifying that motorists are required to slow down and give clearance to stationary vehicles displaying blue, red or amber emergency lights at the scene of roadside any emergency or incident.

The state’s "Move Over" law took effect in 2005. The changes, which were passed in the 2008 legislative session, are intended to include tow truck operators and highway workers by specifying amber warning lights in the requirement to yield during highway breakdowns, crashes or other incidents. Forty-four other states already have similar legislation.

"Slowing down and moving away from the scene of a roadside incident should be common sense, but not enough drivers do it," said John J. Barthelmes, Commissioner of Safety. "These additions to the "Move Over" law will provide protection to a larger group of emergency responders and members of the public."

Being struck by a vehicle during a roadside incident is a significant cause of death and injury to law enforcement officers and other first responders. Between 1995 and 2006, 144 US law enforcement officers were killed accidentally on motor vehicle stops or while directing traffic. That compares with 119 officers killed feloniously during traffic stops.

Tow truck operators and highway workers are also at risk. The Towing and Recovery Association of America has a "Wall of the Fallen" at its museum in Chattanooga, Tenn., which lists the names of 94 tow truck operators killed in roadside incidents. In New Hampshire, tow truck operators and highway workers report many close calls and two NH Department of Transportation employees have been killed in the past decade.

New Hampshire police officers or other emergency personnel have also had numerous close calls and at least half a dozen have been seriously injured in recent years.

Officer Robert Moore of the Derry Police says he is lucky to be alive after being struck by a drunk driver while directing traffic at a construction site on Route 28 in Windham on July 25, 2007.

"I had stopped traffic for both lanes and let (construction) equipment cross. I let one lane go and was beginning to turn to let the other lane proceed and that’s all I remember," Moore said. "I was struck in the right hip and catapulted over the truck approximately 30 feet onto the shoulder of the road."

Moore suffered a fractured pelvis and torn muscles and tendons. He was taken to a Boston hospital by helicopter and spent the next three months recovering from his injuries.

State Police Captain Chris Colitti was working on a speed enforcement details with two other troopers on I-95 in Hampton Falls on July 4, 2005, when he was struck by a driver at 68 mph. Colitti suffered multiple broken bones in his right foot and both legs, which required two operations to repair. He also needed extensive physical therapy.

Colitti was out of work completely for 17 weeks and did not return to full duty until the following May.

In addition to the injuries, property damage in crashes costs taxpayers money. From 2004 to date, the NH State Police have had 36 cruisers struck in roadside incidents. Three were totaled, while the rest sustained damage that exceeded $58,000.

Commissioner Barthelmes said the "Move Over" law and its new provisions would be strictly enforced to protect first responders and the public.