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As with so many of our laws, there are almost always unintended negative consequences from not having thought them out properly or fully. I know the intention was good, but the side effects can be disastrous, and there are many, many other examples.
(f) When an authorized emergency vehicle as described in subsection (a) of this section or any public service vehicle is parked or standing within 12 feet of a roadway and is giving a warning signal by appropriate light, the driver of every other approaching vehicle shall, as soon as it is safe and when not otherwise directed by an individual lawfully directing traffic, do one of the following:
(1) Move the vehicle into a lane that is not the lane nearest the parked or standing authorized emergency vehicle or public service vehicle and continue traveling in that lane until safely clear of the authorized emergency vehicle. This paragraph applies only if the roadway has at least two lanes for traffic proceeding in the direction of the approaching vehicle and if the approaching vehicle may change lanes safely and without interfering with any vehicular traffic.
(2) Slow the vehicle, maintaining a safe speed for traffic conditions, and operate the vehicle at a reduced speed and be prepared to stop until completely past the authorized emergency vehicle or public service vehicle. This paragraph applies only if the roadway has only one lane for traffic proceeding in the direction of the approaching vehicle or if the approaching vehicle may not change lanes safely and without interfering with any vehicular traffic.
For purposes of this section, "public service vehicle" means a vehicle that is being used to assist motorists or law enforcement officers with wrecked or disabled vehicles, or is a vehicle being used to restore electric utility service due to an unplanned event, and is operating an amber‑colored flashing light authorized by G.S. 20‑130.2. Violation of this subsection shall be negligence per se.
the OP never did state whether it was a road with one lane of traffic moving in one direction or two lanes of traffic moving in one direction which would seem to make it not an either/or decision but a decision of option #1 if one lane; option #2 if two lanes.
The law says you can do either, it does not say option 2 is only if you cannot do option 1 safely.
The law says option 2 applies ONLY if there is only one lane in your direction or you can't safely move over.
It says you have to do one of the two options, but which one you do isn't really your choice. If you can move over safely, you must move. If you can't move over safely, you must slow down and be prepared to stop. The conditions, not driver's preference, dictate which option to take.
(There is of course the caveat that determining whether or not it is safe to move over can be up for debate in any given instance.)
The law says option 2 applies ONLY if there is only one lane in your direction or you can't safely move over.
It says you have to do one of the two options, but which one you do isn't really your choice. If you can move over safely, you must move. If you can't move over safely, you must slow down and be prepared to stop. The conditions, not driver's preference, dictate which option to take.
(There is of course the caveat that determining whether or not it is safe to move over can be up for debate in any given instance.)
This. The parts of the statute that you must pay close attention to in blue:
(1) Move the vehicle into a lane that is not the lane nearest the parked or standing authorized emergency vehicle or public service vehicle and continue traveling in that lane until safely clear of the authorized emergency vehicle. This paragraph applies only if the roadway has at least two lanes for traffic proceeding in the direction of the approaching vehicle and if the approaching vehicle may change lanes safely and without interfering with any vehicular traffic.
(2) Slow the vehicle, maintaining a safe speed for traffic conditions, and operate the vehicle at a reduced speed and be prepared to stop until completely past the authorized emergency vehicle or public service vehicle. This paragraph applies only if the roadway has only one lane for traffic proceeding in the direction of the approaching vehicle or if the approaching vehicle may not change lanes safely and without interfering with any vehicular traffic.
Those "and" and "or" in a statute can make all the difference.
the OP never did state whether it was a road with one lane of traffic moving in one direction or two lanes of traffic moving in one direction which would seem to make it not an either/or decision but a decision of option #1 if one lane; option #2 if two lanes.
I left that out on purpose as all possibilities have been encountered. It was just a rant, nothing more. It has a major gray area and can be taken any number of ways depending on the cop's mood and/or the judge's as well?
However it's become so obvious that very few people understand how it works.
indeed.
Quote:
It states that when an emergency vehicle, workers, etc are on the side of the road you are to slow down ORmove over.
The key word being OR in this case.
actually...
under the "Move Over" law you are supposed to **move over** as the primary goal.
The "or slow down" aspect is secondary to that and intended for when moving over is more dangerous (like if that lane is occupied).
hth
PS: want to do the "keep right except to pass" rules next?
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