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News & Developments

Move Over law expands to protect tow and roadside assistance vehicles

Operators of tow vehicles and other roadside assistance vehicles gained a level of security as Oregon legislators passed House Bill 2040 to expand the state's Move Over law, ORS 811.147.

Effective January 1, 2010, a car or truck must move over into another lane, or slow down if on a road with only one lane in each direction, when passing a police car, ambulance, emergency vehicle, tow vehicle, or roadside assistance vehicle parked on the side of the road with flashing warning lights. If a car or truck driver can only slow down when passing, it must slow to at least five miles an hour below the speed limit for that highway section. 

Oregon State Police issued 729 citations for this offense last year, including 24 to truck drivers. The Class B traffic violation carries a $242 fine, but it increases to $355 if it occurs within a safety corridor, school zone, or work zone.

Oregon's safe distance law is commonly called Maria's Law in honor of Maria Mignano, a Senior Trooper who died in 2001, along with Albany Police Officer Jason Hoerauf, when a car driver fell asleep and struck them on the roadside of I-5 north of Albany. Another trooper, Sgt. John Burright, was forced to retire because of injuries he sustained in the accident. As a result of that incident and others where officers were injured or killed during roadside stops or assists, Oregon legislators established the violation for failure to maintain a safe distance. Similar laws are in effect in 42 other states.