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New “Move Over” Law in Wisconsin: What Drivers Need to Know
Wisconsin drivers are facing significant changes to their on-road habits, as a new law expands the state’s “move over” regulations. Failure to comply could result in substantial fines, and in severe cases, even jail time and license suspension.
The expanded law, Wisconsin Assembly Bill 409, was passed on December 9th, a direct response to the tragic hit-and-run death of 40-year-old tow truck driver Hussain Farhat on I-94 last Christmas Eve. Farhat was assisting a disabled motorist when he was fatally struck.
Previously, the “move over” law primarily focused on providing a safe buffer for emergency vehicles, tow trucks, and construction vehicles. However, the updated legislation now mandates that drivers move over for any vehicle with its warning lights activated. This means if you see a car pulled over with its hazard lights flashing, you are legally obligated to create a safe space.
Drivers who violate this new rule without causing harm could face fines up to $300. However, the penalties escalate dramatically if a driver’s actions directly lead to injury or death, with fines reaching a maximum of $10,000. Further consequences can include a two-year license suspension, up to nine months in jail, 100-200 hours of community service, and mandatory attendance at traffic safety classes.
To avoid these severe penalties, drivers must either slow down when approaching a stopped vehicle with activated warning lights or, if safe to do so, change lanes to create a buffer.
The expanded law has garnered strong support from tow truck operators, who often put their lives on the line in dangerous roadside situations. Jim Sidders, owner and operator of Jim’s Pro Service, shared his experiences with local NBC affiliate WTMJ, stating, “People need to be paying attention around them.
I got clipped in the arm once and I got knocked over once. Plus, my tow trucks have been hit as well.”
Fellow tow truck operator Matthew Burdick added, “People are not watching out for the blinking lights on top of our trucks, and it puts us at danger.”
In connection with Farhat’s death, Christopher Sponholz, 39, the driver of the minivan involved, was charged with hit-and-run causing death. Sponholz is scheduled to appear in court on February 19th for a plea hearing.
Understanding “Move Over” Laws
“Move Over” laws are in effect in all 50 states, though the specific provisions, particularly regarding stranded drivers and disabled vehicles, can vary. Generally, these laws require drivers on highways and main roads to move into an adjacent lane, if practicable, when approaching emergency personnel or recovery vehicles (such as ambulances, tow trucks, fire engines, and police cruisers) operating near traffic. If changing lanes isn’t possible, drivers are universally required to slow down when passing.
Penalties for failing to move over or slow down vary by state. For example, Texas drivers could face fines up to $4,000, while other states might impose fines closer to $100. Some states also include license suspension or jail time as potential consequences.