Sen. Michelle Hinchey, D-Kingston, is pictured during a December event in her district. Hinchey is proposing legislation that would make a violation of the state’s Mover Over Law a 5-point violation on a driver’s license instead of the current two points.

A state lawmaker is proposing to designate a violation of the state’s Move Over Law a five-point traffic violation on driver’s licenses.

In 2010, New York State implemented the Move Over Law to prevent collisions with emergency vehicles that were stopped on the road. The law has been expanded several times to also cover hazard vehicles, highway worker vehicles and tow trucks. In 2023, the law was expanded again to cover all vehicles stopped on the road. From 2016 to 2020, 37 individuals were killed outside disabled vehicles in New York.

A conviction for violating VTL 1144-a(a), New York’s Move Over Law, can result in a fine of up to $150 for a first offense. A second offense within 18 months of the first means a fine of up to $300. A third offense within 18 months means a fine of up to $450. Violating the law is currently a two-point offense, something state Sen. Michelle Hinchey, D-Kingston, wants to change with legislation (S.8715) she introduced this week. In New York, your license is suspended if drivers get 11 or more points on their driving record within an 18-month period.

“The side of the road, it actually is the office for our highway workers,” Hinchey wrote in her legislative justification. “They show up in rain, snow, and extreme heat to ensure our roads are safe to travel. These individuals deserve our respect-and our protection. In 2024 alone, there were 322 intrusions into DOT work zones, resulting in two deaths and more than 130 injuries. The current penalties for violating Move Over laws are not a strong enough deterrent for the reckless and selfish drivers who continue to endanger lives. These incidents are entirely preventable.”

One of those 2024 incidents took place on Interstate 90 and claimed the life of a State Thruway maintenance worker working near Exit 58 near Silver Creek and Irving. It was the second death of a Thruway maintenance worker that year.

“Our first responders, who answer every call, also work in hazardous conditions along our highways. They respond to chaotic scenes where every second and every inch matters. Without strong and enforceable Move Over laws, their jobs become not only more difficult but exponentially more dangerous,” Hinchey wrote. “We must do more to ensure drivers comply with Move Over laws. Increasing the number of points assigned for violations is the most equitable and effective way to deter dangerous driving behavior, regardless of a person’s income level.”

Hinchey’s bill could be taken up now that the state legislative session has begun.