Flashing lights on the shoulder can be startling when you’re new behind the wheel. Knowing ahead of time what New York expects, and how to respond calmly, protects the people standing just a few feet from traffic.
Why It’s in the News
Ahead of National Move Over Day on October 17, the NYS DMV and its traffic safety partners reminded drivers that the state’s Move Over law now protects every vehicle stopped along the road, not just police cars and ambulances. According to the release, the law began in 2010 to protect stopped emergency vehicles and was later expanded to hazard vehicles, highway worker vehicles, tow trucks, and, in 2023, all stopped vehicles. Police issued 27,635 Move Over tickets in 2025 and 20,964 so far in 2026. The release also notes that 37 people were killed outside disabled vehicles in New York from 2016 to 2020, and that NYSDOT recorded 366 work zone crashes on its roads in 2025, with 58 injuries and two deaths.
What the Law Actually Requires
New York’s Move Over law is VTL § 1144-a. In plain terms:
- Use due care around stopped emergency vehicles showing red, red-and-white, or blue lights, and stopped hazard vehicles such as tow trucks, highway maintenance trucks, and snowplows showing amber (or other authorized) lights.
- The same duty applies to stopped vehicles showing authorized blue or green lights.
- On parkways and controlled-access highways, due care includes moving out of the lane next to the shoulder where the vehicle is stopped, and it extends to any motor vehicle stopped on the shoulder or roadway.
- Only move over when it’s safe and legal. The law ties that lane change to New York’s rules on traffic-control devices and laned roadways (VTL § 1110, VTL § 1128), so you should never swerve or cut someone off to do it.
The DMV also reminds drivers that the law applies on both sides of the road. A vehicle stopped on the left shoulder counts too.
How to Move Over Safely: A Step-by-Step Habit
When you’re new, it helps to rehearse this until it’s automatic:
- Spot it early. Scan well ahead for flashing lights, reflective vests, flares, cones, or hazard lights. The sooner you see them, the calmer your response.
- Ease off the gas. Slowing down is always part of due care, even before you decide whether to change lanes.
- Check your mirrors and blind spot. Make sure the next lane is clear and no one is coming up fast.
- Signal and move over one lane. If the lane is clear, change lanes smoothly. If it isn’t, stay in your lane, slow down more, and give as much room as you can within it.
- Stay focused while you pass. Keep your eyes on the road, not on the scene. Looking at a crash or a roadside stop pulls your car toward it.
- Return when it’s clear. Once you’re well past, signal and move back if you need to.
Common Mistakes New Drivers Make
- Braking hard at the last second. That invites a rear-end crash. Slow down gradually instead.
- Forcing a lane change. If traffic beside you is heavy, slowing down in your own lane is the right call.
- Forgetting work zones. Highway crews and their vehicles count. Watch for lane shifts and reduced speed limits.
- Assuming it’s only for police. A family changing a flat tire is covered too.
- Ignoring the left shoulder. Stopped vehicles in the median deserve the same space.
If You’re the One Who’s Stopped
If your car breaks down, get as far onto the shoulder as you can, turn on your hazard lights, and, if it’s safe, stay buckled inside or wait well away from traffic. Call for help, and don’t stand between your car and moving lanes.
New York isn’t the only state focused on this. Our guide to Oregon’s Move Over law shows how similar the rules are across the country. Slowing down and moving over is a habit that travels with you.
Build Safe Highway Habits Before Your Road Test
New York requires a 5-hour Pre-Licensing Course before you schedule your road test, unless you’ve finished a 48-hour high school or college driver education program (NY DMV). If you’re 18 or older and hold a photo learner permit, you can take DDI’s NYS DMV-approved New York 5-Hour Pre-Licensing Course online. It covers New York vehicle and traffic laws, habits and skills for safe driving, the risks of driving under the influence, safe highway driving, and aggressive driving and road rage, and your completion is reported to the DMV electronically. The course is also available in Spanish.
Under-18 applicants for a junior license take the course in a classroom or live virtual classroom instead.
Sources
- NYS DMV, “DMV, GTSC, Transportation Agencies and Law Enforcement Remind Motorists To Follow New York’s ‘Move Over Law'” (Oct. 15, 2026): https://dmv.ny.gov/news/dmv-gtsc-transportation-agencies-and-law-enforcement-remind-motorists-to-follow-new-yorks-move
- NYS DMV, The Driver Pre-Licensing Course: https://dmv.ny.gov/driver-license/the-driver-pre-licensing-course
- NYS DMV, Online Pre-Licensing Course Providers (lists Defensive Drivers Institute, LLC, in English and Spanish): https://dmv.ny.gov/business/driver-training/online-pre-licensing-course-providers
- N.Y. Vehicle and Traffic Law §§ 1110, 1128, 1144-a (via newyork.public.law, links above)
