Is it illegal for NC drivers to not yield for emergency vehicles? What the law says
It is a common rule of thumb for motorists to almost immediately yield and clear a pathway for oncoming emergency vehicles on the road regardless of the traffic situation.
But did you know you could be fined in North Carolina for not moving out of the way for a stopped emergency vehicle?
Though slowing down and moving over for stopped emergency vehicles has long been required under state statute 20-157, its penalties have become more severe.
Failure to move over will result in drivers being hit with a $250 fine.
North Carolina’s Move Over Laws, signed into law in 2019 by Gov. Roy Cooper as part of Senate Bill 29, recently became more strict in the wake of the 2018 death of Lumberton Police Officer Jason Quick, who died in the line of duty after he was struck by a passing vehicle while investigating a roadside accident.
What are NC drivers required to do?
According to Senate Bill 638, when an emergency or public service vehicle is stopped within at least 12 feet of a roadway, drivers are required to:
Reduce their speed while proceeding with caution.
Move to a lane further away from the stopped vehicle if it’s safe.
Continue driving slowly until they are past the stopped vehicle or accident scene.
If a driver does not slow down or move over, results in a first responder being injured, and or causes $500 or more in property damage, the driver will be charged with a Class 1 misdemeanor and could face up to 120 days in jail, according to state law.
If a failure to move over results in a first responder’s serious injury or death, the driver will be charged with a Class F felony and face 10 to 41 months in prison. Violators of the law may also have their license suspended for up to six months. However, they can apply for limited driving privileges, according to Wilmington-based Mulligan Attorneys.
When to stop for emergency vehicles
According to the North Carolina Department of Public Safety, the law “requires motorists slow down and approach cautiously when an emergency vehicle is stopped on the shoulder of the roadway with its lights flashing. Motorists must move over to another lane away from the emergency vehicle on a multi-lane highway or slow down on a two-lane highway and can do so safely.”
Motorists, the law states, “must slow down while maintaining a safe speed.”
The Move Over Law also mandates that “all non-emergency vehicles are to immediately drive to the right-hand edge of the roadway or curb.” Motorists must also remain stopped until the emergency vehicles (police, fire, or ambulance) have safely passed or until directed by law enforcement to move.
