How Is the Vermont Move Over Law Enforced?

The Law:  23 VSA Section 1050 states:

(a) Upon the approach of a law enforcement vehicle which is sounding a siren or displaying a blue or blue and white signal lamp, or both, or upon the approach of an ambulance, fire apparatus, a vehicle operated by a volunteer firefighter, EMS personnel, or a motor vehicle used in rescue operations as set forth in section 1252 of this title which is sounding a siren or displaying a red signal lamp, or both, all other vehicles shall pull to the right of the lane of traffic and come to a complete stop, until the law enforcement or emergency vehicle has passed. However, an enforcement officer who is present shall have full power to regulate traffic irrespective of the foregoing provisions.

(b) The operator of a vehicle which is approaching a stationary law enforcement vehicle which is displaying a blue or blue and white signal lamp, or of a vehicle which is approaching a stationary ambulance, fire apparatus, a vehicle operated by a volunteer firefighter, or a motor vehicle used in rescue operations as set forth in section 1252 of this title which is displaying a red signal lamp or a stationary towing and repair vehicle displaying an amber signal lamp shall proceed with caution, and, if traveling on a four-lane highway, and safety conditions permit, make a lane change. (emphasis added)

There are numerous ways Vermont law enforcement officers can selectively enforce the provisions of the Vermont mover law.  As highlighted above, Section (a) of the Vermont Move over law is pretty clear as to a motorist obligations when they see emergency personnel with active lights traveling down the same road: the motorist must pull over and come to a complete stop until the emergency vehicle has passed them by.  

Section (b) of the Vermont moreover law however, is a little more vague.  In sum, a motorist must pass an emergency vehicle with caution and if they can do so safely, pull over the next lane if they are traveling on a 4 lane highways, such as the interstate.  On numerous occasions this firm has been hired to defend tickets that allege a violation of section (b) because they either could not safely move over.  This becomes a point of perception if litigated before a Vermont Judicial Bureau judge and is a primary reason why all discovery requests (such as the cruiser video) should be secured to see exactly what the conditions were at the time of the stop to ensure that a motorist’s rights are protected every step of the way.