You’re cruising down the interstate and spot flashing lights on the shoulder ahead. You may have only a few seconds to decide what to do. In Wisconsin, the law already made that decision for you: move over, or slow down.
Troopers Are Watching This Week
WTMJ reported on October 16 that Wisconsin State Patrol troopers were stepping up enforcement and education across the state ahead of National Move Over Day on October 17. Troopers are handing out informational flyers to drivers they stop for violating the law. Some stops end with a warning and a lesson, while others end with a citation.
The reason is sobering. According to the State Patrol, over the past five years 128 people in Wisconsin were injured while inside or near a vehicle stopped along the road, and six were killed.
If you’ve already been convicted of a right-of-way violation, you may need the Wisconsin Right-of-Way course. We explain who needs it below. First, here’s what the Move Over Law says.
What the Law Requires
Wisconsin’s Move Over Law is Wis. Stat. s. 346.072. According to WisDOT, it requires drivers to create a “safety zone” for a squad car, ambulance, fire truck, tow truck, utility vehicle, or highway maintenance vehicle stopped on the side of the road with its warning lights flashing. You have two options:
- On a road with more than one lane in your direction, like an interstate, you must move out of the lane closest to the stopped vehicle if you can do it safely.
- On a road with only one lane in your direction, or if you can’t move over safely, you must slow down.
How much should you slow down? The State Patrol told WTMJ it means going below the speed limit to a speed that’s safe. It shouldn’t be so slow that you cause a crash behind you, but slow enough to give the people on the shoulder a cushion.
Now It Covers Disabled Vehicles Too
The law was expanded under 2025 Wisconsin Act 54. The same protections now apply to disabled vehicles stopped along the road when:
- Their hazard lights are on,
- Emergency devices or flares are placed near the vehicle, or
- One or more people are with the vehicle and visible to drivers.
That means the family changing a tire on the shoulder gets the same safety zone as a trooper.
What a Violation Costs
According to WTMJ, a violation is a noncriminal moving violation with a fine of up to $300. If the violation causes a crash or an injury, the penalties can be far more serious.
How to Move Over the Right Way
- Scan far ahead. Look past the vehicle in front of you so you see lights early. The earlier you spot them, the calmer your lane change can be.
- Check mirrors and blind spots before you move. A sudden swerve into an occupied lane trades one crash risk for another.
- Signal and merge smoothly. Give drivers around you time to react.
- If you can’t move over, slow down early. Brake gradually, and watch your mirrors for drivers who aren’t paying attention.
- Don’t stare at the scene. Watch where you’re going, not the flashing lights.
- Put the phone down. The State Patrol specifically reminds drivers to stay alert and scan for stopped vehicles. You can’t do that while looking at a screen. (Our roundup of distracted driving statistics shows why it matters.)
- Remember it applies every day, not just on Move Over Day.
Who Needs Wisconsin’s Right-of-Way Course
Wisconsin also requires a separate course for certain violations. According to Wisconsin DMV, anyone convicted of certain violations in Wisconsin, no matter where they live, must complete a Right-of-Way course, also called a Failure-to-Yield course. The violations are:
- Failure to Yield Right of Way (4 points)
- Driving on the Wrong Side of the Highway (4 points)
- Failure to Obey Traffic Sign or Signal (3 points)
- Passing Illegally (3 points)
- Illegal Turn (3 points)
- Backing Illegally, commercial (2 points)
The DMV will notify you by mail or email. You must complete the course within six months of the date of that notice, or your driving privilege will be suspended. If you’ve already been suspended, you’ll need to complete the course before you can reinstate.
One clarification: a Move Over citation under s. 346.072 isn’t on the DMV’s list of violations that require this course. The course is for drivers with a qualifying right-of-way conviction and a DMV notice.
About Our Course
Defensive Drivers Institute’s Wisconsin Right-of-Way / Failure to Yield Course is state-approved, 100% online, and self-paced, and takes about two hours. It covers Wisconsin right-of-way laws and traffic statutes, intersection and signal rules, yielding to pedestrians and emergency vehicles, and defensive driving strategies. Your certificate is available as soon as you finish.
Got a Right-of-Way notice from the Wisconsin DMV? Start the Wisconsin Right-of-Way course before your six-month deadline.
