(a)This section shall be known as the “John Hubbard Move Over Act.”
(b)When an authorized law enforcement vehicle or emergency vehicle making use of any visual signals is parked, when a wrecker displaying amber rotating or flashing lights is performing a recovery or loading on the roadside
or otherwise performing tasks associated with the provision of wrecker services
, when a utility service vehicle operated by or on behalf of an entity providing utility services displaying any rotating lights, flashing lights, or other visual signals is parked on the roadside while performing tasks associated with the provision of utility services, when a vehicle displaying flashing lights is parked or engaged in the performance of official duties
, including maintenance or activities related to constr
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(a) This section shall be known as the “John Hubbard Move Over Act.”
(b)
When an authorized law enforcement vehicle or emergency vehicle making use of any visual signals is parked, when a wrecker displaying amber rotating or flashing lights is performing a recovery or loading on the roadside
or otherwise performing tasks associated with the provision of wrecker services
, when a utility service vehicle operated by or on behalf of an entity providing utility services displaying any rotating lights, flashing lights, or other visual signals is parked on the roadside while performing tasks associated with the provision of utility services, when a vehicle displaying flashing lights is parked or engaged in the performance of official duties
, including maintenance or activities related to construction or surveying,
on or along a road, or when a garbage, trash, refuse, or recycling collection vehicle is actively collecting garbage, trash, refuse, or recycling materials on the roadside, the driver of every other vehicle, as soon as it is safe, shall do the following:
(1)
When driving on an interstate highway or other highway with two or more lanes traveling in the direction of the law enforcement vehicle, emergency vehicle, wrecker, utility service vehicle,
maintenance, construction, or survey
vehicle displaying flashing lights, or garbage, trash, refuse, or recycling collection vehicle, the driver shall vacate the lane closest to the law enforcement vehicle, emergency vehicle, wrecker, utility service vehicle,
maintenance, construction, or survey
vehicle displaying flashing lights, or garbage, trash, refuse, or recycling collection vehicle, unless otherwise directed by a law enforcement officer. If it is not safe to move over, the driver shall slow to a speed that is at least 15 miles per hour less than the posted speed limit unless otherwise directed by a law enforcement officer.
(2)
When driving on a two-lane road, the driver shall move as far away from the law enforcement vehicle, emergency vehicle, wrecker, utility service vehicle,
maintenance, construction, or survey
vehicle displaying flashing lights, or garbage, trash, refuse, or recycling collection vehicle as possible within his or her lane and slow to a speed that is 15 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater or travel at 10 miles per hour when the posted speed limit is 20 miles per hour or less, unless otherwise directed by a law enforcement officer.
(c)(1)
A violation of this
section
is a
misdemeanor punishable by a fine of
two
hundred dollars
($200)
. Upon a second violation of this section, the fine shall be
two
hundred fifty dollars
($250)
. Upon a third or subsequent violation, the fine shall be
three
hundred dollars
($300) and, in addition, the court shall submit a copy of the violation to the Secretary of the Alabama State Law Enforcement Agency and order the secretary to suspend the driving privileges of the driver for a period of not less than 90 days
.
(2) If a driver violates this section while also in violation any of the following sections, the driver shall receive, at a minimum, a fine or sentence double the minimum penalty otherwise provided by law:
a. Section 32-5A-191, relating to driving under the influence.
b. Section 32-5A-190, relating to reckless driving.
c. Section 32-5A-176.1, relating to construction zone moving violations.
d. Section 32-5A-350.1, relating to wireless telecommunications device violations.
e. Section 32-5A-178, relating to racing on public highways.
(d) If a violation of this section is the proximate cause of a collision with an authorized emergency vehicle, wrecker, or other vehicle performing duties as described under subsection (b), the driver shall be punished as follows:
(1) If the collision results in physical injury to any individual, the driver shall be guilty of a Class A misdemeanor.
(2) If the collision results in serious physical injury to any individual, the driver shall be guilty of a Class C felony.
(3) If the collision results in the death of any individual, the driver shall be guilty of a Class B felony.
(e) Article 4A of Chapter 18 of Title 15, relating to restitution for victims of crimes, shall apply to any collision described under subsection (d).
(f)
The Alabama State Law Enforcement Agency shall provide an educational awareness campaign informing the motoring public about this section
, including information to assist the drivers of motor vehicles to determine the best option of whether to move over or slow down as required under subsection (a)
. The agency shall provide information about this section in all newly printed
driver
license educational materials after January 1,
2025
.
(g)
This section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.