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Troopers To Enforce "Move Over Act"

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State police next week will be enforcing the new "Move Over Act," which requires drivers to use caution to avoid colliding with an authorized emergency vehicle which is parked, stopped or standing on the shoulder of a road or highway with its emergency lights on.

LoHud

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From Poughkeepsie Urinal, April 12, 2011:

http://www.poughkeepsiejournal.com/apps/pbcs.dll/article?AID=2011104120326

55 ticketed for 'move-over' law violation

MILAN — State police say they issued 55 tickets to drivers who violated New York's "move over" law during an enforcement effort dedicated to a trooper who was killed while conducting a traffic stop.

Authorities say troopers were out over the weekend along the Taconic State Parkway in the towns of Clinton, Stanford and Milan.

State police say the enforcement effort was dedicated in memory of Trooper Kevin Dobson, who died March 26 when he was struck by a vehicle while standing along a highway in suburban Buffalo after pulling over a motorist. The cause of the accident remains under investigation.

The move-over law, effective Jan. 1, requires drivers to slow down or change lanes, if possible, around emergency vehicles that are stopped alongside a road.

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Just read the comments in the Lohud article. It really shows what people think about this law, and how little they actually care about our well being.

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Just read the comments in the Lohud article. It really shows what people think about this law, and how little they actually care about our well being.

I love the "LoHud Lawyers". Especially the one who cites "probably cause". They're even better then all our "EMTBravo Lawyers"!

E106MKFD, jack10562 and Just a guy like this

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LoHud Article from today, April 15, 2011:

http://www.lohud.com/article/20110415/NEWS01/104150371/Carmel-man-charged-drunken-driving-after-striking-stopped-cruiser-Taconic

Carmel man charged with drunken driving after striking stopped cruiser on Taconic

NEW CASTLE - A Carmel man was charged with driving while intoxicated and other offenses Thursday night after he struck a state police cruiser that had stopped on the side of the Taconic State Parkway to assist a disabled motorist, state police said today.

Brendon McNamara, 41, was also cited under the new Ambrose-Searles Move Over Act for failing to move over as he approached the crusier with its emergency lights activated about 10:30 p.m., police said.

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What PD's should do when manpower permits, is set up a Move Over Act operation. Have a Patrolcar on side of road with lights on and pull over and ticket all who don't comply! Prob get a couple of idiot drivers!

FFBlaser likes this

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! Prob get a couple of idiot drivers!

Probably, I bet a bunch of triple-play citations, ie; Seatbelt, cellphone/ AND move-over failure, nevermind the inevitable DUI to come stumbling through...

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Maybe even get a couple of guys like this (taken from one of the newspapers comments):

Come on, just because your a Army Vet, gives you the right to be an idiot?

Edited by TRUCK6018

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i saw someone get pulled over today on I95 i knew it was coming the driver looked confused as hell when the state trooper stopped him.

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More than 100 charged by troopers in crackdows

http://www.lohud.com/article/20110417/NEWS02/104170387/More-than-100-charged-by-troopers-crackdows?odyssey=mod|newswell|text|Frontpage|s

"And on Sunday, troopers patrolling the Sprain Brook Parkway staged a "Move Over Detail."

Drivers are now required, whenever possible, to move out of the lane next to a stopped emergency vehicle with its lights on. Failure to do so may result in a $275 fine and two points on a license.

That's what 29 drivers are now facing, as they were ticketed for failing to move over."

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All of the road signs on the Taconic and Sprain and some of the mobile construction signs all had:

"MOVE OVER FOR EMERGENCY VEH. ITS THE LAW"

Good way to get the word out.

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my friend was on I84 west bound and did not realize this law existed she passed a trooper that was on the shouder in the town of southeast and recieved a 250 fine for the violation.

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Folks don't seem to use common sense. Now, you have to be reminded.

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Lack of Common Sense is the reason we needed to have the law in the first place..

Hopefully the show of force at the beginning will prevent another persons name being added to the LODD list in the future..

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How the hell do you move over when there are tractor trailers on your left and people driving bumper to bumper doing 80 mph. And your merging onto 84 from an on ramp. Money maker scam.

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Rayrider,

Law states to move over if safe to do so - otherwise, SLOW DOWN and don't go blasting on by the emergency vehicle. Really, it's not rocket science.

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I've been doing this myself for 14 years because its just common sense. No one wants a car blowing by a foot or two away on the side of the road. Even 30 feels fast when they're close enough. If you can't figure this out you deserve the ticket.

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After reading some of the comments on LoHud, I'm convinced as a fire officer, and a human being, that any idiot with half a brain can apparently obtain a driver license and operate a motor vehicle. Well, I kind of knew that before, but I can confirm those beliefs now. If people feel they need to nit-pick the law, be ignorant of it, or just throw their common sense out the window, that's fine with me...

I say that because an Incident Commander has the power to shut down roads if he/she feels it is necessary for the operation of their fire scene or for the safety of the troops. If drivers don't want to obey the law or find loop holes and ignore our safety needs, then they can find a new route to work. I will not take those chances out there, especially if I'm volunteering my time, getting out of bed at 2am in a drenching rain storm. Every call, any highway: ALL LANES CLOSED!

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Just read the comments in the Lohud article. It really shows what people think about this law, and how little they actually care about our well being.

Bottom line is...we have to worry about our well being...not anyone else. I could care less what they think or feel, but then again I don't think I'm anything special as I chose what I do, no one held a gun to my head and my safety starts with my own tactics....not a law or people moving over.

JohnnyOV likes this

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I say that because an Incident Commander has the power to shut down roads if he/she feels it is necessary for the operation of their fire scene or for the safety of the troops. If drivers don't want to obey the law or find loop holes and ignore our safety needs, then they can find a new route to work. I will not take those chances out there, especially if I'm volunteering my time, getting out of bed at 2am in a drenching rain storm. Every call, any highway: ALL LANES CLOSED!

I guess I can file this one under the same category as "if I'm up..everyone is up," comment. I'm not sure what your point is..that because of a few comments of what we already deal with out there....your willing to shut down an entire roadway un-necessarily now all of sudden?

Yet again..we are nothing special..and to the general public...what they do and need to get too, is just as important to them...to what we (chose) to do. Be smart and responsible and if possible professional about it...I have seen just as many of us..blow by a scene I've been at or yell out "advice" on an operation where they had to sit in traffic and didn't think they needed to. I've even sat shaking my head looking at the scene in front of me..with a road closed that there was absolutely no reason to have it entirely shut down in one direction..while they allowed one lane in the opposite direction. On average every 15 mins. you have a road closed, it can take an hour to clear the traffic...time is money in our world. Our safety is paramount...but common sense and good operations goes a long way to ensuring safety and keeping things moving a bit.

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I say that because an Incident Commander has the power to shut down roads if he/she feels it is necessary for the operation of their fire scene or for the safety of the troops. If drivers don't want to obey the law or find loop holes and ignore our safety needs, then they can find a new route to work. I will not take those chances out there, especially if I'm volunteering my time, getting out of bed at 2am in a drenching rain storm. Every call, any highway: ALL LANES CLOSED!

So you think that I should close all three lanes of the Cross County Parkway every time I stop someone for speeding and we're going to be parked on the shoulder? I'm just going to guess that if you were one of the hundreds (or thousands depending on the time) stopped because I made a traffic stop you'd be cursing me and accusing me of abusing my authority.

Having authority and using that authority responsibly are two vastly different things. This law isn't about egos or whether or not you're getting up at 2 AM. It's a measure aimed at keeping all of us, especially cops who operate alone on the roads most of the time, safer. Being at an accident scene with two or three trucks and closing a lane isn't what this is about. It's about getting the moron in the right lane to move the _____ over when approaching a stopped emergency vehicle on the side of the road.

If compliance with this law is as successful as I've seen it in other states, we may not need to park three trucks sideways and light 100 flares to secure a one car accident scene. I've seen 1/4 mile of traffic in the left lane and not a soul in the right lane because of this law (and it's enforcement) in other states.

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I may have gone a little overboard with my original statement, however, with this being an extremely hard law to enforce, mainly because it is so new, it is going to be a long time before drivers actually do get the message and move over. I don't know how local, county, or state law enforcement agencies plan to enforce it, especially since government agencies are trying to do more with less these days.

Now let me explain why I originally stated, "ALL LANES CLOSED!"

I was at a car accident on the Saw Mill River Parkways a few weeks ago. Each piece of apparatus was parked where it was supposed to be, there was a buffer lane for our personnel, and flares going back about 1/4 mile. Towards the end of the incident a second accident occurred in the left lane (the sole open lane) within 5 feet of the engine blocking the scene. That just goes to show that no matter how much you protect the scene you are never fully protected (see Stamford's engine that got hit last year). As far as the comments on LoHud, look at the few who nit-pick at the law and go as far as to quote specific pieces of it. One person states that the law doesn't require you to move over unless you can safely do so (understandable), but then further elates that you must practice "due regard" in a matter of speed. This commenter states that if you are safely driving at any speed that it is not necessary to slow down.

Remember back in grade school when a few kids would act out of line and the whole class would get in trouble? This falls under the same category. If people want to be a**holes and try to convince others that it's okay to speed past an officer/firefighter/EMT on the side of the road, then they are spoiling it for the rest of the drivers out there.

Besides, if a road is shut down because of an emergency, how is it different from a road being shut down for construction? People still find their way to work, school, etc.

And for the police officers out there, I realize how difficult your job is, and how dangerous it is to be on the side of the highway by yourself. But safety is the name of the game. If you want to close all three lanes of the Cross County, that's your prerogative. If you want to pull some over in the middle of rush hour traffic with no back-up, that's your call. I'm not going to argue with anyone as to how they want to deal with certain scenarios. My original statement is just my opinion if I was the IC at an accident or vehicle fire. I'm not telling people how to do their jobs.

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I may have gone a little overboard with my original statement, however, with this being an extremely hard law to enforce, mainly because it is so new, it is going to be a long time before drivers actually do get the message and move over. I don't know how local, county, or state law enforcement agencies plan to enforce it, especially since government agencies are trying to do more with less these days.

Now let me explain why I originally stated, "ALL LANES CLOSED!"

I was at a car accident on the Saw Mill River Parkways a few weeks ago. Each piece of apparatus was parked where it was supposed to be, there was a buffer lane for our personnel, and flares going back about 1/4 mile. Towards the end of the incident a second accident occurred in the left lane (the sole open lane) within 5 feet of the engine blocking the scene. That just goes to show that no matter how much you protect the scene you are never fully protected (see Stamford's engine that got hit last year). As far as the comments on LoHud, look at the few who nit-pick at the law and go as far as to quote specific pieces of it. One person states that the law doesn't require you to move over unless you can safely do so (understandable), but then further elates that you must practice "due regard" in a matter of speed. This commenter states that if you are safely driving at any speed that it is not necessary to slow down.

Remember back in grade school when a few kids would act out of line and the whole class would get in trouble? This falls under the same category. If people want to be a**holes and try to convince others that it's okay to speed past an officer/firefighter/EMT on the side of the road, then they are spoiling it for the rest of the drivers out there.

Besides, if a road is shut down because of an emergency, how is it different from a road being shut down for construction? People still find their way to work, school, etc.

And for the police officers out there, I realize how difficult your job is, and how dangerous it is to be on the side of the highway by yourself. But safety is the name of the game. If you want to close all three lanes of the Cross County, that's your prerogative. If you want to pull some over in the middle of rush hour traffic with no back-up, that's your call. I'm not going to argue with anyone as to how they want to deal with certain scenarios. My original statement is just my opinion if I was the IC at an accident or vehicle fire. I'm not telling people how to do their jobs.

That an accident occurred in the traffic back-up or alongside apparatus protecting the scene doesn't mean you weren't protected. They were obviously going slowly enough that they didn't hit the engine 5 feet away and no responders were hurt. Seems to me that everything worked as intended but some moron wasn't paying enough attention. Closing the entire roadway doesn't mean you'll eliminate that type of accident, you'll just move it further back on the road.

If a road is "shut down" (closed) for construction there are signs posted in advance, detours established and posted, public information messages transmitted, and the public has time to come up with an alternative route. When we shut down a road in an emergency most of those things don't happen and motorists find out too close to use meaningful alternates. Traffic management is a system and protecting it is vital; hence the investments in such programs.

People may still find their way to work or school but they're generally late, pissed off, and others suffer from the cascading traffic effects. Ask anyone in Pleasantville how things are for them when the Saw Mill gets closed for flooding.

It seemed from your original post that you were saying if you're inconvenienced by being up at 2 AM or out in the rain you were going to inconvenience everyone else by closing the road. Thanks for clarifying that you didn't mean that.

INIT915 likes this

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Now let me explain why I originally stated, "ALL LANES CLOSED!"

I was at a car accident on the Saw Mill River Parkways a few weeks ago. Each piece of apparatus was parked where it was supposed to be, there was a buffer lane for our personnel, and flares going back about 1/4 mile. Towards the end of the incident a second accident occurred in the left lane (the sole open lane) within 5 feet of the engine blocking the scene. That just goes to show that no matter how much you protect the scene you are never fully protected (see Stamford's engine that got hit last year). As far as the comments on LoHud, look at the few who nit-pick at the law and go as far as to quote specific pieces of it. One person states that the law doesn't require you to move over unless you can safely do so (understandable), but then further elates that you must practice "due regard" in a matter of speed. This commenter states that if you are safely driving at any speed that it is not necessary to slow down.

From what you posted it sounds like you were well protected...no personnel got hit or were near misses and if a apparatus gets hit then your also still protected which is why we block the scene with them. Drivers are taught property before life and in fact its what is even taught in EVOC. There is always so inherant risk to what we do..we do everything to limit it as much as possible within reason and common sense.

I can look at lohud all day long...they can post what they like...law or not operations still continue they way they do. I do what is needed to be safe and keep some traffic moving even if slow. So no I won't punish all because of one student. Right along with "tot finder" stickers...what does that mean to us? Absolutely nothing you perform your operations the same regardless.

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Just to let everyone know where I'm coming from in my previous statements. I'm not from Westchester. I hail from upstate, where things are done much differently, and the school of thought is extremely different. The way I was brought up in the fire service is that everyone goes home safe. Hell, I had a firefighter here in Westchester who had to be transported to the hospital. As soon as I was released from the fire I went straight to WMC to make sure my firefighter was alright. I didn't even stop at the firehouse to make change out of my gear. My men come first. And as an officer I will never put myself first. If I feel I need to shut down an entire highway to operate on the scene, I will, and I will not hesitate.

And if you've checked out the clientele on the highways, lately? Any police officer out there can tell you, because they pull these idiots over every day. If I have to inconvenience 10,000 drivers to make sure my 7 guys go home safe, well, it makes perfect sense to me.

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Drove 360 miles today on NYS roads that are all patrolled by NYSP Troopers. Saw about 10 people pulled over... for speeding, etc. I was amazed to see how many people seemed to be aware of the law. 99% of people moved to the far left lane and slowed down. It was nice to see!

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I'm willing to bet that 90% of the people always did..its the 10% as always that's the problem and out out of that its less then 1% who end up having a collision. Just like everything else...most will obey when they see a vehicle...but just like speeding you will have some that just always will.

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How the hell do you move over when there are tractor trailers on your left and people driving bumper to bumper doing 80 mph. And your merging onto 84 from an on ramp. Money maker scam.

You may feel like it's a "money making scam" but when you have to work along the road especially highways you realize how dangerous it really is. Slowing down and moving over that takes up maybe 5 SECONDS of your life but it can help make sure that the emergency worker your passing can go home to his/her family at the end of the day.

People think that safety is a joke until their life is affected due to the lack of it!

INIT915 likes this

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Not for nothing, but I move over even when the emergiency lights aren't on. I also move over even when it's just someone broken down on the side, without any signals. I do this especially on the Taconic Pkwy.

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