Bernalillo County Sheriff Enforces Move Over Law to Protect Roadside Workers

The Bernalillo County Sheriff's Office is actively enforcing New Mexico's Move Over law, citing a pattern of drivers who fail to create space for emergency responders, tow truck operators, and repair crews working along the shoulder, putting lives at risk on the region's busiest corridors.

Under NMSA 66-7-332, the obligation kicks in the moment a driver approaches any stationary authorized emergency vehicle or recovery and repair vehicle displaying flashing emergency or hazard lights. If it is reasonably safe to do so, the driver must move into a lane not adjacent to the stopped vehicle. When a lane change is not possible, the law requires slowing to a speed at least 20 mph below the posted limit, or to 5 mph if the speed limit is already 20 mph or lower. Violations carry a $117 fine and are classified as a penalty assessment misdemeanor under state law.

The law's reach is broader than many drivers realize. It covers not only police cruisers, fire trucks, and ambulances, but any tow truck or roadside repair vehicle with lights flashing, including a stranded motorist attended by a service crew. A vehicle broken down with hazard lights and a roadside worker present triggers the same legal duty.

The stakes are not abstract. In March 2023, Gerald Woodard, a New Mexico Department of Transportation worker, was fatally struck in Curry County while his crew provided traffic control around an existing crash scene, using cones, flaggers, and NMDOT trucks with flashing red and blue lights. A driver failed to follow the posted traffic pattern and struck the truck. Woodard was in the bed of the vehicle and died from his injuries.

For Sandoval County drivers who commute south on Interstate 25 into Albuquerque, the enforcement campaign is directly relevant. Bernalillo County consistently records the highest crash volume in New Mexico, with NMDOT data showing more than 14,000 accidents in the county in a single year. Shoulder incidents on I-25 between Bernalillo and Albuquerque, and along I-40 near the Rio Rancho interchanges, place first responders and tow operators in traffic lanes where passing speeds routinely exceed 65 mph.

Drivers who are unsure whether their lane change must happen immediately should know the statute requires action only when it is "reasonably safe to do so," but that standard does not excuse inaction when an adjacent lane is clearly available. The $117 fine can be issued even when no collision occurs; the violation is the failure to move or slow, not just the outcome.