VTL § 1144-a-d, “Failure to Move Over for Vehicle Parked on Shoulder”

The most recent traffic law in New York State went into effect on March 27, 2024. The new law is an expansion of the recent “move over” laws. VTL § 1144-a-a requires motorists to move over for police cars and ambulances. VTL § 1144-a-b required motorists to move over for tow trucks. Now, VTL § 1144-a-d requires motorists to move over for any vehicle parked on the side of the highway.

The practical explanation is that if you see a car parked on the shoulder of the highway, you are required to shift out of lane next to the shoulder. If there are cars in the other lane and you cannot move over, then you must slow down to a safe speed limit under the circumstances. If you are convicted of this violation, you will get two points on your driver’s license. The maximum penalty for a first-time offender is $150 +$93 surcharge. However, as this violation will appear on your driving record you will likely see your insurance rates go up.

Statute

The exact wording of the statute is as follows:

Every operator of a motor vehicle on a parkway and on a controlled-access highway shall exercise due care to avoid colliding with a motor vehicle which is parked, stopped or standing on the shoulder or any portion of such parkway or controlled-access highway. For the purposes of this subdivision, such due care shall include, but not be limited to, moving from a lane which contains or is immediately adjacent to the shoulder where such motor vehicle is parked, stopped or standing to another lane, provided that such movement otherwise complies with the requirements of this chapter including, but not limited to, the provisions of sections eleven hundred ten and eleven hundred twenty eight of this title.

Disputing an 1144AD Ticket

It is generally a good idea to take necessary steps to avoid getting points on your license. In New York, it can often be done easily with an attorney. Your attorney can file the Not Guilty plea and other paperwork in court. Your attorney can also make any necessary court appearances in your place. In other words, you can avoid the points and the increased insurance rates without having to leave your home or take off from work. An experienced traffic lawyer has the best shot at getting you the best possible disposition.

Benjamin Goldman Law Office

If you received a ticket for 1144-a-d, you could contact the Benjamin Goldman Law Office. We have defended many motorists with various move-over violations in all areas of the state. We take on cases in Western New York, Finger Lakes, Southern Tier, Catskills, Central New York, Mohawk Valley, Hudson Valley, North County, Capital District, Upstate New York, Long Island, and New York City. Our attorneys are usually successful in getting the charges modified to violations that will not appear on your driving record, such as a parking ticket. Please feel free to contact us. Consultations are free.

Fight a VTL § 1144-a-d Ticket