On
October 1, 2022, Maryland’s expansion to the state’s “Move Over” law went into
effect. Maryland’s law previously required that motorists move over to the next
lane when emergency vehicles are stopped on the side of the highway. This term, the General Assembly expanded the
law so that drivers are now required to move over for any vehicles with their
hazard lights on, or where road flares, traffic cones, or other caution signals
out.
Violations
of the expanded law will result in fines starting at $110. In the event of an accident resulting from a
violation, the fine is $150 (plus three points on the driver’s license), or if
an individual is seriously injured or dies, the fine becomes $750 (plus three
points on the driver’s license). These fines are separate and apart from
any civil or criminal liability that may result from such an accident.
So
why should employers take note?
The State’s expansion of its traffic laws
emphasizes again the inherent risk borne by employers that have employees who
drive (their own vehicle or a company vehicle) in the course of their
employment. Not only should such employers endeavor to ensure that
their driving employees are up to date on the latest traffic laws in the
jurisdictions where they drive – they should also have clear written policies
for these employees. Such policies should
address critical issues including compliance with traffic laws, reporting
accidents or citations and who will be held financially responsible if the
employee gets a ticket or fine.
Policies
alone cannot completely eliminate potential liability for the employer if the
employee is in an accident. However,
they can help provide a defense if the employee’s actions were in violation of
the policies and help employers and employees avoid accidents and injuries in
the first place.
Please
do not hesitate to contact us if you have any questions or need assistance
confirming that your company’s policies are up to date.
