NAFA I&E Keynote: Donna Setaro And Move Over Laws
Donna Setaro is the Founder of the Move Over Awareness Campaign in New
Jersey, and has given over 450 presentations regarding the Move Over law
to over 55,000 people. "Most presentations I give are to an audience of
around 300 people. On average, less than 15 percent in that audience
are aware of the existence of Move Over laws."
Many offenders are conscientious and otherwise law-abiding drivers.
Setaro uses the case of Marc Castellano, a New Jersey State Trooper, as
an example. He was struck and killed by a driver while outside of his
vehicle, doing his work. "The young man that hit him was a West Point
cadet, and the investigation revealed he was not texting or speaking on
his phone, wasn’t drunk or driving under the influence in any way. He
simply wasn’t paying attention."
The driver of that vehicle could have been anyone. They could have been a fleet driver.
"New Jersey adopted our Move Over law in 2009; Title 39, Statute
4-92.2," said Retired New Jersey State Trooper David Maruca. He now
works as Project Manager with the New Jersey Local Technical Assistance
Program, via Rutgers University’s Center for Advanced Infrastructure and
Transportation. "Essentially what the law states – and what drivers
need to know – is that if you have a police vehicle, ambulance, fire
truck, tow truck, or any other safety vehicle on the shoulder of the
roadway, you have to slow down and, if possible, move to the opposite,
adjacent lane from those vehicles. If you can do that safely, you should
change lanes. If you cannot, then slow down below the posted speed
limit and be prepared to stop your vehicle if necessary."
Maruca said that the first indicator to drivers to start making
decisions is at the first sight of lights ahead. "When you see flashing,
rotating, or alternating lights – the typical police lights, or amber
lights which usually indicate service vehicles, ambulances, or tow
trucks – that should alert drivers to the fact they should now apply the
rules of the law. The lights should be an obvious enough indicator,
long before you see the vehicles themselves."
New York State Trooper Sergeant Collin Davis indicated that the verbiage
of the Move Over law is fairly consistent across states, but the
penalties can vary. "As of right now, for a Move Over violation, if
you’re issued a ticket and you’re subsequently convicted in court or
plead guilty to it, it’s a three point moving violation, and in the
neighborhood of $275 in fines, plus the state surcharge." This
references a violation that does not result in an injury or fatality.
"If you’re found guilty of not dropping the speed down under the posted
limit, usually 20 mph under, and of not moving to the next lane, and
these result in you killing someone, you will be charged with
manslaughter and possible imprisonment," Setaro said.
Setaro believes that education is the answer. Sadly, there will always
be reckless drivers and ignorant drivers alike. By making sure that
everyone who gets behind the wheel knows there are laws, considerable
penalties, life-altering and life-ending consequences, perhaps drivers
will think a moment longer before making a tragic choice. For fleet
managers, delivering that understanding to every driver needs to be as
common as assigning the vehicle.
Donna Setaro will be a keynote speaker
at NAFA's 2016 Institute & Expo, April 19-22 in Austin, Texas. For
more information about the conference, visit: www.nafainstitute.org