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New state law requires drivers to move over for stationary vehicles

Durango Police officer says people frequently ignore cars on roadside

A new statewide law will take effect Tuesday requiring drivers to move over or slow down when approaching other vehicles on the side of the road.

Colorado’s Move Over law says drivers must move over one lane while traveling two lanes that move in the same direction for emergency and public utility vehicles, stationary towing vehicles and any other stationary motor vehicles with their hazard lights on.

The Colorado Department of Transportation issued a news release on Monday alerting people to the new law and said it’s intended to “provide greater protection for people and their vehicles on the side of the road.”

“This significant change goes beyond just safeguarding police and emergency responders; it now requires drivers to also move over when passing disabled vehicles on the side of the road,” the release says.

CDOT says if drivers can’t move over to accommodate stationary vehicles on the roadside, they must slow down to at least 20 mph below the posted speed limit as they pass.

Last year was the state’s deadliest on record for roads in the state, the release says.

Dan Kellermeyer, officer with Durango Police Department, said he can’t recall a crash from recent memory where an officer, first responder or anyone else was hit by a driver who failed to move over, but members of law enforcement frequently sees drivers neglecting to slow down or give space to vehicles and people parked on the roadside.

“Conducting traffic stops is dangerous enough, and having to worry about cars and trucks zooming past at 50-plus miles per hour just feet away from you adds another layer of stress,” he said.

He said DPD’s traffic unit sometimes uses targeted enforcement of existing “move over” laws on highways U.S. 550 and 160. Drivers often try to excuse themselves from blame by saying they were unaware of any laws requiring them to move over or didn’t notice police officers stopped on the side of the road.

“Giving people some space on the roadway, whether they are a police officer, firefighter, tow truck driver or simply changing a tire, would go a long way in reducing the potential for serious and fatal crashes,” he said. “Ultimately, everyone needs to put down their cellphones, food, makeup, etc., and be focused on their driving and the roadway.”

He said DPD will expound on the new state law in the coming weeks and he suspects other agencies such as Colorado State Patrol will be enforcing it.

While DPD didn’t oversee the case, Kellermeyer said Virginia Cundiff, who hit and killed a construction worker on the side of the road on Colorado Highway 172 about 2 miles south of Elmore’s Corner in February 2022, comes to mind as an example of the sort of incidents the new state legislation intends to mitigate.

cburney@durangoherald.com



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