South Carolina legislators are moving to close legal loopholes in the state’s traffic safety laws following a tragic series of incidents last year. The push to strengthen the state’s “Move Over” law comes after three state troopers were struck during roadside stops in a single month last fall, resulting in the death of one officer.
The proposed legislation aims to eliminate the ambiguity that has allowed some drivers to evade accountability for endangering first responders.
South Carolina was the first state in the nation to enact a “Move Over” law in 1996. However, the current language requires drivers to move over or slow down specifically for an “emergency scene.” In recent years, defense attorneys have successfully argued in court that a standard traffic stop does not legally constitute an emergency. These arguments have led some magistrates to dismiss cases against drivers who failed to yield.
The new bill simplifies the mandate for drivers: if flashing lights are visible on the shoulder, motorists must move over into a non-adjacent lane or significantly reduce their speed. By tying the requirement to the presence of flashing lights rather than a subjective definition of an emergency, lawmakers hope to ensure the law is enforceable in all roadside scenarios.
While the primary catalyst for the change was the safety of the South Carolina Highway Patrol, the bill also extends these critical protections to tow truck operators. These workers frequently operate in high-risk environments inches away from fast-moving traffic and have historically faced similar dangers to law enforcement.
Under the proposed changes, the financial penalty for violating the law will remain a fine of up to $500. Officials believe that the clearer language, rather than a higher fine, will be the primary deterrent by making it harder for violators to contest tickets in court.
Following the accidents last year, the Highway Patrol launched “Operation Keep Us Safe” to increase public awareness of roadside dangers. Lawmakers are scheduled to return to the State House on Tuesday, January 14, 2026, to take up the bill during the second year of the current legislative session.
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