New York Move Over Law: Fines, Points, and CDL Penalties

New York’s move over law, codified at Vehicle and Traffic Law Section 1144-a, requires you to change lanes away from certain vehicles stopped on the shoulder, or to slow down if changing lanes isn’t safe. A first violation carries a fine of up to $150, and penalties climb from there. As of March 27, 2024, the law covers not just emergency and hazard vehicles but any motor vehicle stopped on the shoulder of a parkway or controlled-access highway.¹

Which Stopped Vehicles You Have to Move Over For

Section 1144-a lists four categories of protected vehicles:

Authorized emergency vehicles showing flashing red, blue, or white lights — police cruisers, fire trucks, ambulances.
Hazard vehicles showing amber lights — tow trucks, snowplows, utility trucks.
Vehicles showing blue or green courtesy lights, typically driven by volunteer firefighters and volunteer ambulance members.
Any motor vehicle parked, stopped, or standing on the shoulder — a flat tire, an out-of-gas sedan, a delivery truck with its hazards on.²

The fourth category is where drivers get tripped up. It only applies on parkways and controlled-access highways. On a two-lane county road, the statute does not impose the same duty toward a disabled passenger car on the shoulder. For the first three categories, the baseline duty of care applies on every road.

What the Law Actually Requires You to Do

Two obligations run together. The baseline is due care: you have to take reasonable steps to avoid hitting any protected vehicle stopped on the shoulder.²

On parkways and controlled-access highways, you also have to move out of the lane next to the shoulder, so long as traffic conditions let you do it safely. That lane change is the core of the “move over” requirement.

When traffic is too heavy to switch lanes, you still have to slow down. The statute doesn’t set a specific number. It calls for a speed that is reasonable and prudent for the conditions, which on a 65 mph road means dropping well below the limit as you pass.

Fines and Jail Time

A violation is a traffic infraction. Penalties escalate based on convictions within an 18-month window:

First offense: up to $150 in fines and up to 15 days in jail.
Second offense within 18 months: up to $300 in fines and up to 45 days in jail.
Third or subsequent offense within 18 months: up to $450 in fines and up to 90 days in jail.³

Jail time for a routine first offense is rare. Judges almost never impose it on an ordinary move-over ticket. The repeat-offense exposure is a different matter.

A mandatory state surcharge is added on top of every conviction, typically between $88 and $93 depending on whether your case is heard in city, town, or village court. A first offense at the $150 maximum can run around $240 before any insurance impact.⁴

Points and Your License

A conviction adds points to your New York driving record. The DMV updated its point schedule in early 2026, so the current point value for a Section 1144-a violation may differ from older sources. The DMV’s published point chart has the current figure.⁵

Two thresholds matter. At 6 points within 18 months, the DMV imposes a Driver Responsibility Assessment — a separate fee paid to the DMV over three years, on top of any court fine. At 11 points within 18 months, your license faces suspension.⁵

Insurance and the Defensive Driving Course

Insurers pull your driving record and use convictions to reset premiums. A single moving violation can raise your rates, and insurers typically keep the violation on your rating profile for three years from the conviction date. If you’re already carrying points, a move-over ticket can be the one that pushes your premium into a higher tier.

New York’s Point and Insurance Reduction Program lets you take an approved defensive driving course to remove up to 4 points from the total used for your 18-month accumulation. You can only use the course for point reduction once every 18 months.⁶

The same course earns a 10% reduction on your auto insurance base rate for three years. Keeping that discount requires retaking the course every 36 months. Approved online courses generally cost $25 to $35; in-person options run $50 to $65.⁶

If You Hold a CDL

A commercial driver’s license adds a reporting obligation. Federal rules require CDL holders to notify their current employer within 30 days of any conviction for a non-parking traffic violation in any vehicle, including your personal car. Filing an appeal does not pause the 30-day clock.⁷

A single move-over ticket is not a “serious traffic violation” under the federal CDL disqualification rules in 49 CFR 383.51, so on its own it doesn’t trigger a CDL suspension. If the violation happens in connection with a fatal crash, though, it can fall under the catch-all for traffic-control violations tied to fatalities, which is classified as serious.⁸

When Someone Gets Hurt or Killed

The stakes change if a failure to move over causes injury or death. On top of the traffic infraction, you can face charges such as reckless driving or criminally negligent homicide, depending on the facts. Where there’s a serious injury or fatality, the DMV will schedule a hearing to determine fault. A finding against you can produce a license suspension or revocation.

Civil liability is the other side of it. An injured person, or the family of someone killed, can sue for damages. Roadside workers struck by passing vehicles — officers, tow operators, highway crews — often have substantial claims because their injuries occur on the job. A traffic conviction can be used as evidence against you in the civil case, which narrows your defense.

The practical rule is short. Any vehicle stopped on the shoulder with its lights on, change lanes if you safely can. If you can’t, slow down.

1
New York eJustice. New York Vehicle and Traffic Law Section 1144-a Amendment, Chapter 517 of the Laws of 2023
2
New York State Senate. New York Vehicle and Traffic Law 1144-A
3
New York State Senate. New York Vehicle and Traffic Law Section 1800 – Penalties for Traffic Infractions
4
New York eJustice. Avoiding Collision with a Parked, Stopped or Standing Emergency Vehicle
5
New York State Department of Motor Vehicles. Driver License Points and Penalties
6
New York State Department of Motor Vehicles. Point and Insurance Reduction Program (PIRP)
7
Federal Motor Carrier Safety Administration. Must an Operator of a CMV Who Holds a CDL Notify His/Her Current Employer of a Conviction
8
eCFR. 49 CFR 383.51 – Disqualification of Drivers