6.2 The Ted Foss Move Over Law & Emergency Vehicle Encounters

6.2 The Ted Foss Move Over Law & Emergency Vehicle Encounters

Quick Answer: Minnesota's Ted Foss Move Over Law (Minn. Stat. § 169.18 subd 11) requires motorists approaching any stopped emergency vehicle, tow truck, road maintenance vehicle, construction vehicle, or utility vehicle displaying flashing red, amber, blue, or white lights to safely move over at least one full lane on multi-lane highways. If traffic or weather prevents changing lanes safely, drivers must slow down significantly below the posted speed limit. When approached by an active emergency vehicle sounding sirens and displaying flashing lights (Minn. Stat. § 169.20 subd 5), you must immediately pull over to the nearest right-hand curb or edge and stop until it has passed. Never stop inside an intersection.

Every day, law enforcement officers, paramedics, firefighters, tow operators, utility technicians, and highway maintenance crews perform critical duties along high-speed Minnesota roadways. Working mere feet from rushing traffic exposes these responders to grave danger from distracted, speeding, or inattentive motorists.

---

1. History & Legislative Intent: The Ted Foss Move Over Law

Minnesota's Move Over Law was enacted in memory of Minnesota State Patrol Trooper Ted Foss, who was tragically killed on August 31, 2000. Trooper Foss had pulled over a vehicle for a routine traffic stop on the shoulder of Interstate 90 near Winona, Minnesota, when a passing semi-trailer drifted onto the shoulder and struck his patrol vehicle and him.

In response to this preventable tragedy, the Minnesota Legislature passed Minnesota Statutes § 169.18, Subdivision 11, creating mandatory buffer protections for roadside emergency and maintenance personnel.

---

2. Scope of Protected Vehicles & Warning Lights

The Ted Foss Move Over Law protects a comprehensive range of stationary service and emergency equipment operating on or adjacent to public highways:

1. Authorized Emergency Vehicles: State Patrol cruisers, municipal police cars, county sheriff vehicles, ambulances, and fire trucks displaying flashing red, blue, or white lights.
2. Tow Trucks & Wreckers: Commercial towing and recovery vehicles assisting disabled motorists while displaying flashing amber or white warning lights.
3. Road Maintenance & Snow Removal Vehicles: Minnesota Department of Transportation (MnDOT), county, and municipal maintenance trucks, snowplows, sweeper trucks, and crash attenuator vehicles displaying flashing amber or white lights.
4. Highway Construction & Utility Service Vehicles: Road construction machinery, utility service trucks (electrical, gas, water, communications), and freeway incident management service patrols displaying flashing warning lights.

+-----------------------------------------------------------------------------+
|                   TED FOSS MOVE OVER LAW — DRIVER PROTOCOL                  |
|                                                                             |
|   MULTI-LANE HIGHWAY (2+ Lanes in Same Direction):                          |
|   [ Left Lane ]    <====== MOVE OVER HERE (Safely vacate the right lane)    |
|   [ Right Lane ]   <====== EMPTY BUFFER ZONE                                |
|   [ Shoulder ]     [ STOPPED EMERGENCY / TOW / SERVICE VEHICLE (Flashing) ] |
|                                                                             |
|   * IF UNABLE TO MOVE OVER SAFELY:                                          |
|     Must SLOW DOWN significantly below the posted speed limit and proceed    |
|     with heightened caution, leaving maximum practical lateral space.       |
+-----------------------------------------------------------------------------+

Motorist Duties When Approaching Stopped Service Vehicles

• Multi-Lane Highways: If the roadway has two or more lanes traveling in the same direction, you must move out of the lane immediately adjacent to the stopped vehicle by executing a safe lane change into an available left or adjacent lane.
• Two-Lane Highways or Dense Traffic: On a two-lane road, or when traffic density/weather conditions prevent a safe lane change on a multi-lane road, you must reduce speed substantially below the posted limit and pass with extreme caution, leaving as much clearance as possible.
• Penalties: Violating the Ted Foss Move Over Law is a moving violation resulting in substantial fines (typically exceeding $100 plus state surcharges, totaling over $140–$200) and moving violation points on your driving record.

---

3. Yielding to Approaching Active Emergency Vehicles (Minn. Stat. § 169.20 subd 5)

When an authorized emergency vehicle (police, fire, ambulance) is en route to an emergency, it utilizes audible sirens and flashing red, blue, or white optical warning devices. Under Minn. Stat. § 169.20, Subd. 5, all other motorists have an immediate legal obligation to clear the way.

Mandatory Driver Actions

1. Signal and Move to the Right: Immediately activate your right turn signal and steer your vehicle to the nearest right-hand edge or curb of the roadway, clear of any intersection.
2. Come to a Complete Stop: Bring your vehicle to a complete stop parallel to the curb or shoulder.
3. Remain Stopped: Keep your vehicle stationary until the emergency vehicle—and any subsequent emergency responders following behind it—has completely passed.
4. Re-Enter Traffic Safely: Before pulling back into active traffic lanes, scan your mirrors, look over your shoulder into your blind spot, activate your left turn signal, and ensure the roadway is safe.

The Intersection Rule (Never Stop in the Middle of an Intersection)

If you are already inside an intersection when an approaching emergency vehicle sounds its siren or flashes emergency lights:

• DO NOT stop or jam on your brakes in the middle of the intersection. Stopping in an intersection blocks the path of cross-traffic and prevents the emergency vehicle from navigating through.
• Drive smoothly through the intersection, clear the crossing, and then immediately pull over to the right curb and come to a complete stop.

+-----------------------------------------------------------------------------+
|               ACTIVE EMERGENCY VEHICLE ENCOUNTER (SIRENS & LIGHTS)          |
|                                                                             |
|   LOCATION                   MANDATORY ACTION                               |
|   -----------------------------------------------------------------------   |
|   Open Roadway ............. Steer immediately to RIGHT curb and STOP       |
|   Inside Intersection ...... Drive THROUGH intersection first, THEN stop    |
|   One-Way Street ........... Move to nearest curb (right or left) and STOP  |
+-----------------------------------------------------------------------------+

---

4. Fire Apparatus Following Distance & Fire Scene Restrictions

Under Minnesota Statutes § 169.68, strict statutory buffers exist around active firefighting equipment:

• 500-Foot Following Distance: Motorists are legally prohibited from following within 500 feet of any firefighting vehicle traveling in response to an emergency fire alarm.
• Fire Scene Perimeter: It is unlawful to drive a motor vehicle into, or park within, the block where firefighting apparatus has stopped in response to a fire alarm.
• Crossing Fire Hoses: Motorists must never drive over an unprotected fire hose laid across any street, private driveway, or road without the explicit consent of the fire department official in command.