September 22, 2023

First-responder safety relies on adherence to Slow Down, Move Over Law

By Kaysa Jalbert

The accident in which four state troopers were struck by a drunk driver on Route 202 in Hollis on Sunday, Aug. 27, begs for some new light to be shed on Maine’s “Slow Down, Move Over” law that was enacted in 2007 and since has been largely ignored by some drivers.

Windham Fire-Rescue Chief Brent Libby says public safety
departments don't have enough people to help guide and
redirect traffic at an accident scene, causing many drivers to get
confused, distracted, and some become reckless s they try to
drive through or around an accident scene despite Maine's
Slow Down Move Over law. COURTESY PHOTO   
The “Slow Down Move Over” law mandates that drivers must slow down or pull over at the sight of a parked or a stopped emergency vehicle or if drivers see flashing lights and fail to respond appropriately, they can be issued a summons and fined $350 for not doing so under provisions of the law.

The driver in this latest incident, who appeared to be impaired by marijuana, hit and injured four Maine State Troopers who were standing near a driveway during an investigation on Route 202 in Hollis about 11:15 p.m. Aug. 27. One cruiser was parked in the driveway and two cruisers were parked along the eastbound breakdown lane with their emergency lights on.

According to Maine State Police, the four troopers had responded to a family disturbance and were conducting interviews on the side of the road in the breakdown lane when they were suddenly struck by the driver.

“People ignore the law because they don’t know what to do or because they are distracted,” said Brent Libby, Windham Fire-Rescue chief. “We will be on a scene anywhere, on any street in Windham and the road will be down to one lane and people will drive through the scene as there are people out working, tending to the injured and trying to clean up, and drivers will have their phones out trying to get pictures and videos of the scene while driving.”

Another issue according to Libby is that many local drivers don’t know any routes besides the one that they take daily, causing further traffic to build up right next to an accident scene.

Libby said that working outside on the road is just as dangerous as working in a fire because of the carelessness of many distracted drivers.

He said that efforts have been made by the Windham Police and Windham Fire Departments to reduce distractions and make the road a safer place for everyone in every moment and situation.

“We recognize that at night, the lights can be really bright, now in the newer vehicles you can notice that the lights go in park mode,” says Libby. “In park mode the lights will slow down and reduce intensity so that hopefully it’s not as much of a distraction at night.”

Libby says that public safety departments don’t have enough people to help guide and redirect traffic at an accident scene, causing many drivers to get confused, distracted, and some become reckless as they attempt to drive through or around the accident scene.

“The law states that you have to go around the scene and if you can’t, the law states that you have to wait, which we understand is a bit of an inconvenience to some people but that’s the safest way,” the fire chief said. “That’s for our safety and the safety of the people we are helping. We try and make sure we have someone out to help direct traffic, but we need people to guide them and give them more direction.”

The chief also stressed that drivers need to slow down before approaching an accident scene.

“It’s not just about going around, it’s also about slowing down then going around,” Libby said. “About 25 miles an hour may seem slow, but when you have people out moving around, that’s fast to someone that is standing still.”

Under Title 29-A §2054-9 MRSA, drivers passing a parked emergency vehicle with its emergency lights activated must pass in a lane that is not adjacent to the vehicle or, if doing so is unsafe or impossible, must pass at a careful and prudent speed. In this context, “emergency vehicle” includes, but is not limited to, police cruisers, ambulances, fire trucks, tow trucks, wreckers, and highway safety vehicles. In May, the Maine Legislature amended the “Slow Down Move Over” law to include slowing down to avoid any disabled vehicle or tow trucks in breakdown lanes. The law also requires drivers to pull over to allow public safety vehicles with flashing lights to pass safely on Maine roadways when responding to an emergency. <

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