Should cars have to move over for a tow truck?


A tow truck comes to a driver's aid in this photo from December. (Luanne M. Ferris/Times Union)


My son has not only had many close calls, but he has actually been hit in the elbow by a passing motorist’s side mirror while he was assisting a disabled vehicle and it’s driver.  What makes my son’s life and well-being any less important?  What makes his job on the side of the road any less dangerous?

Unlike cars who pull safely off to the side of the road when forced to do so by the police, when a car is disabled the motorist is forced to stop wherever the car stops.  He does not have the ability to simply approach the car from the passenger side, he needs to get down to look under the car, either fix the issue or hook the car up to tow it.  This is a major difference and makes his job actually more dangerous.

I would appreciate any guidance and suggestions on how to get this law to include tow truck drivers?
— Deborah M. Perreault, Waterford

A: A bill to do just that is now in the state Legislature, said Kevin Frazier of Assembly Majority Leader Ron Canestrari’s office.

The bill, which Canestrari supports, would apply the “move over” law to hazard vehicles including tow trucks when they are displaying an amber light which must be on when these vehicles are engaged in a hazardous operation.
The law defines a hazard vehicle as “every vehicle owned and operated or leased by a utility, whether public or private, used in the construction, maintenance and repair of its facilities, every vehicle specially equipped or designed for the towing or pushing of disabled vehicles, every vehicle engaged in highway maintenance, or in ice and snow removal where such operation involves the use of a public highway and vehicles driven by rural letter carriers while in the performance of their official duties.”

A hazardous operation is defined as “the operation, or parking, of a vehicle on or immediately adjacent to a public highway while such vehicle is actually engaged in an operation which would restrict, impede or interfere with the normal flow of traffic.”

Michael Veitch, a spokesman for State Senator Roy McDonald, said he too supports expanding the law to cover your son.

“He thought there should be legislation, that it makes sense,” Veitch said. “If there is legislation, he will certainly be a sponsor for it.”

Categories: Accidents, Tow trucks
Tim O'Brien

12 Responses

  1. Reality Needs a Chance says:

    common sense should dictate that it is safer to move over and slow down. I have a brother whom was fataly killed by a drunk driver when he was outside of his towtruck with the lights flashing. While that is a grim reminder of the reality of life I am equally annoyed with those tow truck or emergency response vehicles who do not pay attention to traffice either and jeopardize themselves and others with their actions. Specifically I am fed up with a local tow truck service out of Schenectady that works for AAA, their drivers are rude, crude and incompetent. They block roadways with no regard for traffic or neighbors, they park in front of fire hydrants. Their ownership plows all of their snow into the street and accross the street leaving other roads near impassible and leaving the responsibility to the city to remove. With all of this said isn’t it time we stop trying to create a law to stop stupidity? You cannot protect anyone from ignorant people by legislation.

  2. Ann says:

    Makes sense to me! I was at a light a few weeks ago watching in almost horror as a tow truck driver was hooking up a car to tow. He was over on the should but I still thought I was going to see him get hit by a car. Fortunately, he did not.

  3. Deborah Perreault says:

    Thank you so much for the follow-up and the information that there is indeed a bill in the legislature! Here’s hoping that this bill gets passed as well….

  4. johnson says:

    I agree 100% with this.

  5. Shovel In A Horse Stall says:

    Tow trucks are not emergency vehicles! Therefore it is a grave insult to me, as one who pays DMV fees and taxes into the road repair fund which scum politicians have raided, to see somebody foist yet another new road law on me, this one requiring that I yield to anybody behind the wheel of a tow truck! Anybody can legally drive a truck with non-emergengy, yellow flashers, which will give them instant legal precedence over my right-of-way! To those who would give them that, I say NO WAY!

    Maam, your son drives a large, very heavy, and very powerful truck, and he isn’t even an emergency respondent in situations which he is involved in! Why then do you think that he warrants yet another regulatory encroachment on the liberties (and safety) of driving taxpayers? You have a better chance of talking him into doing something different for a job, but now you have insulted the taxpaying public, and we will remember you for that!

    I find it disturbing that my comments tend to get deleted here, AND that the only comments which are currently published are agreeable with whatever nonsense TU staff decide on getting behind!

  6. Mike says:

    You a missing the point: It’s about trucks PARKED on a highway. It’s very likely that tow truck driver is assisting someone, not just sitting there with flashing light.
    SO it becomes just a matter of common sense – keep some distance between your 65+ MPH car and someone with their feet on a pavement. Anyone – cop, road worker, emergency vehicle driver – or just me taking care of a flat tire on my car.

  7. johnson says:

    Is this even an arguement? Even if someone isn’t an emergency vehicle, and they are parked on the side of the road, you should move over. But someone actually thinks that a tow truck helping someone whose been in an accident shouldn’t have this law apply to them too?

  8. hima says:

    This seems obvious to me. Even if youre too selfish to care about someone elses life, think about the damage killing someone would do to the front of your car.

  9. DCW says:

    It should be common sense to “move over” for any stopped vehicle on the side of the roadway. Unfortunately not many people drive with common sense anymore.

    I believe there is a distinct difference and rational why this law was created for Emergency responders and not drivers of hazard vehicles. Emergency responders, especially Police Officers, do _NOT_ have time to watch for vehicles that might be too close for their comfort. Their immediate, quick, and continued focus is on the driver and passengers in the vehicle they just stopped in case the driver or passenger decide to do something stupid. Tow truck drivers generally are in a situation where they can be focused on the traffic AND do their work at the same time. If a Tow truck driver finds him/her self in a dangerous position, such as on a narrow shoulder on a bridge, the tow truck driver should call for Police assistance before putting their own life in jeopardy.

  10. concerned says:

    No argument but shovel in an horse stall you are missing the point. I want you to come on out stand on that white line and lets see what you think after 2 or 3 cars go by within inches. or better yet an tractor trailor goes by. then you might think twice about what you said.

  11. Austin Diaz says:

    As a tow truck driver myself I support any legislation to assist in making tow trucks emergency vehicles. I personally have been hit twice once in the hip and once in the back breaking 3 ribs. My truck has been hit on more than 8 times. And as for shovel in a horse stall I just want you to remember something, next time you blow out a tire or your engine over heats or you’re stuck in a traffic jam because of a wreck who do you think is going to be there to save you? Who is going to clear the carnage and debris off the road so you can go to you’re nice cozy job behind a desk? Us! The guys who risk our lives everyday so you can get to work on time or get you out of a very dangerous situation. Just remember that next time your car breaks and thank God for tow truck drivers.

  12. mark says:

    As a tow operator and an Emt this law is a good thing and no a tow operator can not always keep an eye on traffic . Were is their to go when your head is under someone’s car that is broken down trying to hook it up ? Yes it is an emergency when a vehicle is broken down on a highway it is a traffic hazard that has to be removed and no the police are not always available to respond to every breakdown .