If you have ever driven a motor vehicle in Kansas, consider how many times you have passed another vehicle that was pulled over on the side of the road with its hazard lights blinking?
Was it a police officer writing a speeding ticket?
Was it an 18-wheeler parked near a rest stop or weigh station?
Was it someone fixing a flat tire?
Was it a family just stretching their legs?
Was the car simply abandoned?
Depending on how much you drive, you probably pass vehicles sitting on the side of the road every day. Maybe you’ve pulled over to offer assistance. Perhaps you kept driving but had to slow down with the traffic in front of you as you passed. Or maybe you were so focused on the road that you drove right by, without even noticing that there was a vehicle parked on the side of the road.
Well, as of July 1, 2025, if you do any of those things when you pass a stationary vehicle on the road in Kansas, you may be breaking the law. And each time you do, you may be subject to a hefty fine for violating Kansas’s new “Move Over” law.
What Is a “Move Over” Law?
You may not be aware of it, but every state has some version of a “Move Over” law, which is a rule that informs the drivers of each state how to legally pass certain vehicles on the road and what constitutes an unlawful pass of another vehicle.
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There are three primary parts to a “Move Over” law that define how the law works in each state. These three parts of the law explain:
- Which vehicles are included under the law;
- What a driver must do when passing another vehicle to avoid liability; and
- What penalties may be imposed when a driver violates the rules for passing specific vehicles.
Are All State “Move Over” Laws the Same?
No. Not every state’s “Move Over” law is the same. Each state’s “Move Over” law can vary widely from the law applicable in another state.
Each state’s “Move Over” law could be different in many respects, including:
- The drivers to whom it applies;
- The type of vehicles that are protected;
- What the law requires a driver to do when passing a protected vehicle;
- What actions might cause a driver to violate the law;
- How to avoid liability under the law; and
- What penalties are imposed for violating the law.
To better understand “Move Over” laws and how the new “Move Over” law in Kansas works, continue reading here. You will learn exactly how the new “Move Over” law in Kansas can affect you, personally and financially, every time you drive your car. If you have questions when you are done reading, or if you have been injured in an accident that either involved or occurred near a stationary vehicle, call Foster Wallace, LLC. We can help.
To Whom Do “Move Over” Laws Generally Apply?
Each state’s “Move Over” law applies only to drivers who unlawfully pass certain types of vehicles that are identified in the law, which, depending on the state, may include any of the following:
- All vehicles;
- First responder vehicles, including:
- Police cars;
- Fire engines;
- Ambulances, and
- Similar vehicles;
- Tow trucks, including:
- Wreckers;
- Recovery vehicles; and
- Roadside assistance vehicles;
- Highway maintenance or construction vehicles, including:
- State Department of Transportation vehicles;
- Vehicles in highway work zones; and
- Other similar vehicles or areas;
- Utility vehicles, including:
- Electric utility vehicles;
- Gas utility vehicles;
- Telecommunications vehicles; and
- Other public service vehicles;
- Trash trucks, including:
- Recycling vehicles;
- Solid waste vehicles; and
- Similar municipal service vehicles; and
- Disabled vehicles, including:
- Vehicles involved in collisions; and
- Broken-down vehicles; and
- Abandoned vehicles.
What Do “Move Over” Laws Generally Require?
Each state’s “Move Over” law can require a driver to take specific precautions when passing a vehicle that is protected under the law. These requirements may include:
- Moving over or switching to a non-adjacent lane;
- Slowing down;
- Reducing speed to a designated speed limit; or
- Exercising care or caution.
The safety measures a driver must take when passing a designated vehicle may depend on several variables on which the safety of all the drivers on the road depends. These may include:
- How many driving lanes make up the road or highway;
- The road conditions;
- The weather conditions;
- The location of the stopped vehicle (safely on the shoulder, blocking a driving lane).
State “Move Over” laws typically place the burden on the driver to assess these variables and exercise their own discretion to determine whether it is safe to switch lanes or by how much they should reduce their speed.
What Penalties Do “Move Over” Laws Generally Impose?
There may be a variety of penalties imposed for violations of any “Move Over” law. These may include:
- Fines.
- Most “Move Over” laws impose a fine for specific violations. Fines may range anywhere from $30 to $4,000, depending on:
- The type of vehicle you passed;
- Whether you have any previous violations; and
- Whether anyone was injured by your violation.
- Points.
- Depending on your state, a “Move Over” violation may cause “points” to be registered against your driver’s license. Accumulated points can lead to driving restrictions or suspensions. (Kansas does not use a “point” system but does maintain a driving record for every driver and will suspend a driver’s license for multiple violations).
- Jail time.
- Some states impose criminal penalties, including jail time, for more serious violations, depending on:
- The type of vehicle you passed (law enforcement, emergency responder);
- Whether an injury or fatality occurred; or
- Whether the driver has previous violations.
What Is the Kansas “Move Over” Law?
On March 21, 2025, the Kansas legislature adopted Kansas Senate Bill No. 8, now codified at Kan. Stat. 8-15,116 and titled, “Requiring drivers to proceed with due caution when passing stationary vehicles displaying hazard warning lights.” The Bill became effective on July 1, 2025.
Which Vehicles Are Included in the New Kansas “Move Over” Law?
Before the new “Move Over” law in Kansas became effective, the Kansas “Move Over” law included only specific vehicles that triggered a violation for unlawfully passing a stationary vehicle. Here are the violations, vehicles, and respective fines that were included before the adoption of the new law:
- Unlawful passing of stopped emergency vehicle ($75);
- Improper passing of school bus ($315);
- Improper passing of church or day-care bus ($195);
- Unlawful passing of a waste collection vehicle ($45);
- Unlawful passing of a utility or telecommunications vehicle ($105).
The new law includes a new category of vehicles that are now protected—all stationary vehicles. The violation applies to any driver who passes:
- Any stopped, standing, or parked vehicle that is displaying:
- Hazard warning signal lamps;
- Road flares; or
- Caution signals, including:
- Traffic cones;
- Caution signs; or
- Reflective triangles.
This provision expands the protection of the previous Kansas “Move Over” law from only five specifically-named vehicles to all vehicles pulled over to the side of the road for which proper warnings are exhibited. By adopting this new law, Kansas became the twenty-first (21st) state to expand the application of its “Move Over” law to all stationary vehicles with hazard or flashing lights.
What Does the New Kansas “Move Over” Law Require Drivers to Do When Passing a Protected Vehicle?
The new law requires any driver who approaches any stopped vehicle with proper hazard warnings displayed to either move over or slow down, depending on the circumstances.
If you are driving on a road with two lanes going in your direction, the new law requires you to cautiously change to the lane that is not immediately next to the vehicle to allow a “buffer” lane as you pass. Before you switch lanes, you should consider the weather, road, and traffic conditions, and make sure it is safe to switch lanes (don’t change lanes if there is another car next to you).
If it is not safe to switch lanes, or if you are driving on a road with only one lane going in your direction, then you must slow down to a speed at which it is safe to pass under the existing conditions.
What Is the Penalty for Violating the New Kansas “Move Over” Law?
- First offense. If you violate the new “Move Over” law by unlawfully passing a stationary vehicle and it is your first offense, the penalty is a $75 fine.
- Second offense. If you commit a second violation within two (2) years after your prior offense, the fine is one and one-half (1 ½) times the original fine ($112.50).
- Third offense. If you commit a third violation within two (2) years after your two previous violations, the fine is double the original fine ($150).
- Fourth offense. For a fourth offense within two (2) years after your previous three convictions, and for every offense thereafter, the fine is two and one-half (2 ½) times the original fine ($187.50).
Make Sure You Know What the New Kansas “Move Over” Law Requires
The new Kansas “Move Over” law became effective on July 1, 2025. If you are a driver in Kansas and do not understand what the new law requires you to do every time you pass a stationary vehicle on the road, you should call Foster Wallace, LLC. We can explain exactly how this new law affects you every time you drive, and we can assist you any time you are in a car, truck, motorcycle, bicycle, pedestrian, or rideshare accident.
At Foster Wallace, we are staffed with experienced and successful personal injury car accident lawyers who stay on top of new laws in Kansas and understand exactly how the new “Move Over” law works. Call us today if you have been injured in an accident that occurred with or near a stationary vehicle when:
- You hit the stationary vehicle;
- You passed the stationary vehicle;
- You attempted to pass the stationary vehicle but couldn’t because of road, whether, or traffic conditions;
- Another car on the road would not allow you to move over to pass the stationary vehicle; or
- You had to pull over on the road and another vehicle hit you or your vehicle while you were stationary.
You may be entitled to compensation for your injuries and damages, and the Kansas City car accident lawyers at Foster Wallace, LLC can help you determine who was at fault. We are available 24/7 and will make sure you receive any and all compensation you deserve. Call Foster Wallace today at 816-249-2101 for a free initial consultation to assess your case. We can and will help you.
