Understanding the Move Over Law in New Hampshire: Fines and Requirements

The Purpose of the Move Over Law

Highway shoulders are incredibly dangerous environments for first responders and roadside workers. Every year, numerous accidents occur when speeding drivers clip stationary vehicles parked on the side of the road. To protect these vulnerable workers, the state enforces a strict safety protocol known as the Move Over Law, officially detailed in N.H. Rev. Stat. Ann. § 265:37-a. This statute mandates that any driver approaching an emergency or maintenance vehicle with flashing lights must take immediate action to create a safety buffer.

Whether you are driving on Interstate 95 through the Seacoast region or navigating smaller state routes near Salem and Derry, compliance is mandatory. The rule is strictly enforced by local departments and the New Hampshire State Police, Concord, and ignorance of the protocol is heavily penalized in local courts.

Who Does the Law Protect?

While most drivers associate this rule with police cruisers and ambulances, N.H. Rev. Stat. Ann. § 265:37-a (known as Sherrill's Law) extends its protective umbrella to several other vital roadside professions and stranded motorists. Under the statute, drivers are required to slow down and vacate the lane when approaching any stopped vehicle displaying emergency or warning signals.

Tow Truck Operators

Tow truck drivers often have to work inches away from active traffic lanes while loading disabled vehicles. The law explicitly requires you to move over when you see amber or red flashing lights from a stationary tow truck or recovery vehicle. Failing to yield space puts these operators at extreme risk of catastrophic injury or death.

Utility Workers

During severe weather events, it is common to see utility trucks repairing downed power lines on the side of the road. Vehicles belonging to utility companies displaying flashing amber lights are fully protected under this statute. Drivers must treat these work zones with the same caution and legal obligation as an active police traffic stop.

Highway Construction Crews

Maintenance vehicles operated by municipal public works departments or the New Hampshire Department of Transportation, Concord are also covered. When approaching snowplows parked on the shoulder, paving equipment, or road-sweeping vehicles with flashing lights, the legal duty to vacate the adjacent lane instantly activates.

Disabled Vehicles and Stranded Motorists

Under Sherrill's Law, the protections of N.H. Rev. Stat. Ann. § 265:37-a also apply to any stationary passenger vehicle on the shoulder or roadside displaying hazard warning lights, road flares, traffic cones, or caution signs. Motorists must exercise the same caution and provide an adequate safety buffer when passing ordinary disabled vehicles.

Step-by-Step Guide: How to Comply Safely

Knowing exactly what to do when you see flashing lights ahead can save lives and prevent costly traffic citations. Follow these steps to ensure legal compliance.

Step 1: Identify the Hazard Early

Keep a wide field of vision, especially at night or in poor weather. As soon as you spot flashing blue, red, or amber lights on the shoulder ahead, turn off cruise control and prepare to maneuver.

Step 2: Change Lanes if Possible

If you are on a highway with two or more lanes moving in the same direction, the law requires you to vacate the lane closest to the stationary vehicle. Check your mirrors, use your turn signal, and merge safely into the adjacent lane to provide a wide physical barrier between your car and the roadside workers.

Step 3: Slow to a Safe Speed

If traffic is too heavy, or if you are on a two-lane road where changing lanes is impossible or unsafe, the statute requires you to slow down to a strictly safe and reasonable speed. While the law does not specify an exact number, courts generally expect you to drop your speed significantly below the posted limit and proceed with extreme caution, ready to stop if necessary.

Handling a Citation in Court

If an officer determines you did not make a reasonable effort to move over or slow down, you will be cited. If you choose to contest the citation under N.H. Rev. Stat. Ann. § 502-A:19-b, you must enter a plea of not guilty within 30 days of the violation. You can submit your plea online through the state DMV system or by completing the back of the ticket and mailing it to the New Hampshire Division of Motor Vehicles, Concord. The DMV then transmits your plea to the appropriate court, such as the 10th Circuit Court, District Division, Salem, where your trial will be scheduled. If you retain legal counsel to dispute the ticket, your attorney will formalize representation by filing Form NHJB-2391-DF, New Hampshire, Circuit Court, Appearance/Withdrawal. A local traffic lawyer from our directory can help you present a defense, perhaps arguing that merging was impossible due to a vehicle occupying your blind spot.

Fines and Consequences

Violating the Move Over Law is treated as a serious moving violation. The base fine is standardized, but penalty assessments quickly inflate the total cost.

Frequently Asked Questions (FAQ)