In the “worth knowing” category, the Delaware Legislature enhanced the Move Over or Slow Down law. Motorist in Delaware and the emergency response community (including DelDOT vehicles) should be aware of emergency responder responsibilities and increased penalties for motorists.
The law is reflected in Title 21 of the Delaware Code, §4134. It begins with the fundamental concept that all motorists must yield to an approaching authorized emergency or police vehicle by immediately moving to the right-hand edge of the roadway. Anyone with a driver’s license after about 1940 was taught this, so it requires nothing more.
Yielding to stationary vehicles is not particularly new either, but the so-called Mover Over or Slow Down law has evolved and the latest action by the Delaware Legislature has strengthened the penalties for driver’s that do not heed it.
Stationary vehicles include authorized emergency vehicles (displaying alternately flashing red, blue, blue and white, red and white, red and blue, or red, white and blue lights); authorized vehicles of the Department of Transportation (displaying alternately flashing amber or red and amber lights); a tow truck (displaying alternately flashing amber, white, or amber and white lights); a vehicle owned or operated by a public utility (displaying alternately flashing amber, white, or amber and white lights); or a vehicle displaying warning signals (including vehicle hazard warning lights, road flares, traffic cones, caution signs, or any nonvehicular warning signs).
When approaching such a stationary vehicle, motorists shall do one of two things. Motorists shall proceed with caution and yield the right-of-way by making a lane change away from the stationary vehicle (assumes a multi-lane highway). Alternatively, the motorist shall proceed with caution and reduce the speed of their vehicle to a safe speed, at least 20 miles per hour less than the posted speed limit (if the speed limit is 50 miles per hour or greater), while passing the stationary vehicle (if changing lanes would be impossible or unsafe).
For those in the emergency response community (including the Department of Transportation), the law is specific that it does not relieve the driver of such an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. You have to hold up your end of the social bargain…it’s the law.
A motorist that fails to yield in accordance with §4134 can see a fine of up to $250 for the first offense (or equivalent community service), up to $500 (or equivalent community service) for a second offense, and up to $1,000 (or equivalent community service) for subsequent offenses.
Hit, strike, or in any way contact an emergency responder with your vehicle and cause physical injury? That’s a class F felony.
In summary, the law has evolved to be considerably stronger, and motorists should take heed. Stationary vehicles along the side of the road and their drivers and passengers are vulnerable to our high-speed vehicles passing by, so just common decency should compel us to move over or slow down. But just in case, §4134 is there to help us do the right thing.
The Delaware T2/LTAP Center’s Municipal Engineering Circuit Rider is intended to provide technical assistance and training to local agencies, so if you have technical assistance or training needs, contact Matt Carter at matheu@udel.edu or (302) 831-7236.
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