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Pennsylvania’s Move Over Law - "Fine Scale"


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Pennsylvania’s Move Over Law requires drivers approaching an emergency response area who are unable to safely merge into a lane farther away from the response area to "pass the emergency response area at a speed of no more than 20 miles per hour less than the posted speed limit and reasonable for safely passing."

 

An emergency response area is where an emergency vehicle has its lights flashing, or where road crews or emergency responders have lighted flares, posted signs, or try to warn travelers.

 

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While I salute Pennsylvania's attempt to curtail drivers who violate SDMO, our law has been in effect since 2007 and it still doesn't work. While I support any news segment that sends a message to motorists (like the one above), law enforcement has to write tons of citations to make a difference by hitting "Them D' drivers in the pockets." If LE doesn't make a concerted effort to enforce SDMO laws, threats of fines fall on deaf ears. Here in, California, attorneys fight SDMO tickets saying SDMO laws were created as a means to generate monies back to the writing agencies ... tickets get dropped in-court because they're extremely hard to prove.

 

SDMO is only one side of the problem that causes operator injuries and fatalities. The other side of importance is operators working off the white-line side. Get that four-point tie-down or safety chains in some other location that offers some level of safety versus increasing time and exposure. I believe SDMO laws, cops on scene, flares, cones, triangles, strobes, blocker trucks and traffic control only lead to a tower's false sense of security. Stop blaming motorists for their inability to drive past your work zone and realize where you're standing and working. And ... that includes understanding SDMO laws typically aren't specific to inner-city tow/load events on city streets. I think the tower's best defense is ... being smart about where they position themselves ALL THE TIME whether on-the-highway or back-streets.      R.

Randall C. Resch

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This bears repeating:

"Law Enforcement has to write tons of citations to make a difference by hitting "Them D' drivers in the pockets." If LE doesn't make a concerted effort to enforce SDMO laws, threats of fines fall on deaf ears."

 

I cannot stress hard enough securing the vehicle just to get it to a safer location, then completing the tie down/hook up. Far too many take far too long, in the roadway or on the side. Often there is a ramp not far from the hook up point. Only issue I have heard is some states will fine a driver company if the vehicle is not fully secured when leaving the scene. This needs to be addressed.

 

With even more officers being struck along the roadways, one would think the urgency would increase.

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To that I add ... "I'd rather be tried by twelve than carried by six." Think about that statement ... it's powerful and realistic. And, I have the numbers to prove operator down fatalities representing the dangers of being cited for not getting that perfect tie-down. If you're cited for not having a four-point tie down for carriers or lack of traffic side ratchet strap or safety chain on wreckers, let me know and I'll do my best to help you with your traffic court case, but only if the circumstances are reasonable and in that attempt to keep you from being injured or worse. This isn't legal advice, just smart thinking.     R.

Randall C. Resch

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