Lawmakers Seek to Strengthen Move Over Law with Specific Speed Mandates

South Carolina lawmakers are advancing two new bills designed to better protect law enforcement and first responders on the state’s highways. The proposed legislation aims to address the rising number of roadside injuries and deaths while also ensuring that drivers are penalized fairly and clearly.

While South Carolina already has a Move Over Law, officials argue the current language is too vague, leading to both dangerous situations for responders and confusing, sometimes excessive fines for motorists.

Specific Changes for Driver Clarity

The most significant change in the proposed legislation involves providing a concrete definition of what it means to slow down. Currently, the law simply requires drivers to reduce speed when they cannot safely move over a lane.

The new bill, sponsored by State Senator Rex Rice, mandates a specific speed reduction:

  • The 20 MPH Rule: If a driver is unable to move into an adjacent lane, they must reduce their speed to at least 20 miles per hour below the posted speed limit.

By replacing the subjective term “slow down” with a specific number, lawmakers hope to provide clearer guidance for motorists and a more objective standard for law enforcement.

Tiered Penalties and Fair Enforcement

The legislation also introduces a tiered system for penalties to ensure the punishment fits the severity of the violation. Rather than a one-size-fits-all fine, the new structure would differentiate between minor and major infractions:

  • Minor Violations: Drivers who fail to slow down sufficiently but do not cause harm would face less severe fines.

  • Severe Violations: Motorists who completely ignore emergency scenes or cause serious injury or death would face significant consequences, potentially including jail time and long-term license suspensions.

This shift toward tiered penalties follows reports that some drivers were facing steep financial burdens even when they believed they were attempting to comply with the existing, less-defined law.

A Critical Need for Safety

The push for these bills follows a series of high-profile incidents in which South Carolina Highway Patrol troopers and other first responders were struck while conducting traffic stops. Former law enforcement officers have noted the extreme difficulty in enforcing roadside safety when vehicles pass at high speeds, often within inches of the officers.

Legislators are expected to begin formal discussions on both bills when the General Assembly returns to session in January.

 

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