Law aims to protect workers on roadside

Drivers to shift lanes when lights flashing

Monday, August 19, 2013

Motorists are now required to give wide berth to road crews, utility vehicles and tow trucks stopped on the shoulders of roadways throughout Arkansas.

Act 579, better known as the “move over” law, went into effect Friday along with a slew of other new state laws passed during the 2013 Arkansas legislative session. The law, sponsored by state Rep. Jonathan Barnett, R-Siloam Springs, amends Arkansas Code Annotated 27-51-310 and requires motorists to either move to the farthest possible lane from authorized vehicles that are stopped orparked, or to at least slow down and exercise caution if they determine it is unsafe to switch lanes.

Barnett is a former Arkansas highway commissioner.

According to the language of the law, authorized vehicles are defined as those belonging to emergency responders, law enforcement, the Arkansas Highway and Transportation Department and its contractors, utility companies and tow trucks. The law also requires such vehicles to use flashing, rotating or revolving lights, including amber, white, blue, red, amber and red, or green.

Prior to the amendment, a 2003 law only required drivers to move over for vehicles operated by law enforcement and emergency responders.

Chad Adams, a Fort Smithbased engineer for the Highway Department, said the experience of working on the side of a highway where motorists often travel at speeds in excess of 70 miles per hour can be unnerving.

“When I’m on the interstate, I tend to keep my eyes facing incoming traffic,” Adams said. “It’s a little alarming, standing there, thinking that a truck could blow a tire, or a vehicle could swerve, and you’ve got no place to go. Even in a parked vehicle, I still have those sameconcerns - when one car’s traveling at a great rate of speed, and you’re standing still, your vehicle offers some protection, but you’re still in danger.”

Violating the new law could result in a misdemeanor conviction for drivers. The penalties include a fine of $35 to $500, no more than 90 days in jail, seven days’ community service and suspension of a driver’s licence for a period ranging from 90 days to six months.

Enforcement of the new law will likely be eased into effect, said Washington County sheriff’s Sgt. Ti Augustine.

“At first we’ll try to educate the public,” Augustine said. We’ll issue a warning if we see a violation.”

Augustine said such “educational periods” for new traffic laws typically last one to two months before law enforcement officers stop issuing warnings and reach for the citation book.

Yancey Price, owner of Twin County Tow in Springdale, said a law enforcement presence at a crash site oftenhelps deter motorists from passing too close to his truck.

“Normally, police will have traffic blocked off to the far lane,” said Price, who has operated a tow truck for 15 years. “[But] on the interstate, it’s dangerous to be on the shoulder and try to work an accident.”

According to the Highway Department, there were seven accidents between Nov. 22, 2011, and May 9 involving motorists striking department vehicles or equipment along highways while the vehicles used flashing lights. The department did not provide complete data for the number of such accidents on smaller roadways during that period.

According to the Arkansas State Police traffic-accident report for 2010, the most recent year for which data are available, the state police investigated nearly 61,000 crashes, 38,050 of which took place on state highways. Statewide, there were 517 traffic fatalities in 2010. Bill Sadler, a state police spokesman, said the agency does not track data on how many accidents involve vehicles striking law enforcement, emergency responder or other service vehicles stopped on roadsides.

Northwest Arkansas, Pages 7 on 08/19/2013