Vehicle · Move over law
Move Over Law in Georgia
When you must change lanes or slow down for a stopped emergency vehicle in Georgia, which vehicles are covered, the fine for a violation, and what happens if you injure a responder. Cited to the statute.
What the move over law requires in Georgia
The duty to change lanes, when you must slow down instead, which vehicles are covered, and the penalties for a violation.
Georgia amended § 40-6-16 in 2024 to change the covered light colors, and the fine ceilings and covered vehicles can change again. Confirm the current figures and colors for your citation date before relying on them.
| What the law requires | What it means |
|---|---|
| Lane change first | Move into a lane not adjacent to the stopped vehicle if that is possible in the existing safety and traffic conditions. O.C.G.A. § 40-6-16(b)(1) and (c)(1). |
| Otherwise slow below the limit | If the lane change would be impossible, prohibited by law, or unsafe, drop below the posted speed limit and be prepared to stop. O.C.G.A. § 40-6-16(b)(2) and (c)(2). |
| Emergency vehicles, tier one | Tier one covers a stationary authorized emergency vehicle displaying flashing yellow, amber, white, red, or blue lights. Under O.C.G.A. § 40-1-1(5) that reaches police, fire, ambulance, Department of Transportation, and public utility emergency vehicles. |
| Service vehicles, tier two | Tier two covers a stationary towing or recovery vehicle, highway maintenance vehicle, or utility service vehicle that is using traffic cones or displaying flashing or revolving yellow, amber, or white lights. Traffic cones alone are enough, and red is not on this list. |
| Sanitation crews get a number | For a vehicle with active sanitation workers, O.C.G.A. § 40-6-16.1(b)(2) demands a harder speed, at least ten miles per hour under the posted limit or 25 miles per hour, whichever is more, and be prepared to stop. |
| Penalties and enhancements | What it means |
|---|---|
| Officer direction overrides | Every subsection opens with the phrase absent any other direction by a peace officer, so an officer waving traffic through displaces the statutory duty. |
| Red is not a service-vehicle color | Subsection (c) lists only yellow, amber, and white. A red light on a tow truck does not by itself trigger the service-vehicle duty, though red and blue do count for authorized emergency vehicles under subsection (b). |
| No divided-highway carve-out | Georgia writes no exemption for traffic on the far side of a median, unlike Michigan. |
What you can do right now
Concrete, neutral steps for the road and for a ticket in Georgia. This is legal information, not legal advice.
- Move over for the flashing lights
When you see a stopped emergency or service vehicle, change into a lane that is not next to it as soon as it is safe. The lane change is the primary duty in every tier.
- Slow below the limit if you cannot
If a lane change is impossible, prohibited, or unsafe, drop below the posted speed limit and be prepared to stop. For active sanitation crews, slow to at least ten under the limit or 25 miles per hour, whichever is more.
- Watch for cones, not just lights
A tow truck, highway maintenance vehicle, or utility vehicle triggers the duty by setting out traffic cones even when no light is flashing. Treat cones as the signal.
- Follow an officer at the scene
Every tier yields to a peace officer directing traffic. If an officer waves you through, follow that direction even if it differs from the default rule.
This is general legal information, not legal advice. The covered vehicles, the fine, and the enhancements turn on the exact statute and the facts, so confirm your situation against the code and talk to a lawyer.
What drivers in Georgia get wrong about the move over law
Georgia’s move-over rule is O.C.G.A. § 40-6-16, known as the Spencer Pass Law after two troopers killed in the line of duty. It runs in three tiers, and the lane change comes first in each. When you approach a stationary vehicle in a covered class, you must move into a lane that is not next to it if that is possible in the existing conditions, and if a lane change is impossible, prohibited by law, or unsafe, you must slow below the posted limit and be prepared to stop. Tier one covers authorized emergency vehicles showing flashing yellow, amber, white, red, or blue lights. Tier two covers towing or recovery vehicles, highway maintenance vehicles, and utility service vehicles that are using traffic cones or showing yellow, amber, or white lights, and red is deliberately not on that list. A third provision, O.C.G.A. § 40-6-16.1, covers vehicles with active sanitation workers and demands a harder speed, at least ten miles per hour under the limit or 25 miles per hour, whichever is more. Georgia is the only one of these four states that prints plain dollar ceilings in the section, up to $500.00 for the emergency-vehicle tier and up to $250.00 for the service tiers. Because Georgia publishes no fetchable free official HTML code, the statute text on this page was read from the disclosed law.justia.com mirror, with currency verified against official state documents. This is legal information, not legal advice.
Common questions
What does the move-over law require in Georgia?
The Spencer Pass Law, O.C.G.A. § 40-6-16, tells you to change into a lane not next to a stopped emergency or service vehicle if that is possible. If it is not, you must slow below the posted limit and be prepared to stop.
Which vehicles are covered by the Georgia move-over law?
A stationary authorized emergency vehicle, and separately a towing or recovery vehicle, highway maintenance vehicle, or utility service vehicle, plus a vehicle with active sanitation workers under § 40-6-16.1. The service tier can be triggered by traffic cones alone.
What is the fine for not moving over in Georgia?
Up to $500.00 for the emergency-vehicle tier under § 40-6-16(d)(1), and up to $250.00 for the tow truck, highway maintenance, or utility tier under § 40-6-16(d)(2). The sanitation tier is up to $250.00.
Do you have to move over for a tow truck in Georgia?
Yes. A stationary towing or recovery vehicle using traffic cones or flashing yellow, amber, or white lights triggers the duty under O.C.G.A. § 40-6-16(c). A red light alone on a tow truck does not.
Does Georgia protect a stranded car with hazard lights?
No. The section covers responder and service vehicles, not an ordinary disabled car. Slowing down or moving over for a stranded driver is still safer, but it is not required by this law.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.