Drivers could be slapped with higher fines and possible jail time for failing to slow down and change lanes for roadside emergency vehicles, as part of changes to a 2009 “move over law” sought by the State Police Association of Massachusetts.
Failure to comply with this law has led to injury and death for state troopers, firefighters and tow truck operators, state police union representatives testified at a Tuesday legislative hearing, where several bills on the matter were considered.
“It is imperative to protect our first responders so we can protect you,” said Patrick McNamara, president of the State Police Association. “Failure to obey this law results in lives disrupted, irrevocably altered and lost in a blink of an eye.”
“Virtually every instance” where a motorist failed to slow down and move over, and then ultimately hit a first responder was preventable, he added.
Three proposed bills are seeking to update what state Sen. Walter Timilty called an “archaic” penalty structure that caps fines at $100 per vehicle, “which simply is not a deterrent in this day and age.”
Under the proposal, fines would increase to $250 for a first offense, $500 for a second offense, and $1,000 for all subsequent offenses. In instances where violations result in “bodily injury” to an individual, the fine would increase to $2,500 and the offender could face up to a year in prison.
McNamara said the State Police Association is requesting that the legislation considered at the day’s Joint Committee on Transportation hearing be recognized as the Trooper Thomas Devlin bill.
Devlin was struck by a passing vehicle on Route 3 in Billerica, on July 26, 2018, and endured what his widow, Nancy Devlin, described as “six grueling surgeries” before succumbing to “complications of blunt force injuries” two years later.
The 35-year State Police veteran had been conducting a traffic stop on foot when he was hit by a car. The motorist who hit him, Kevin Francis, was sentenced to 18 months in jail in April 2022. At the time her husband was struck, however, the penalty was just a $100 civil infraction, Devlin said.
“The operator veered into the breakdown lane at highway speed and he never touched his brakes,” Devlin said. “He was not paying attention. He did not slow down or move over. My husband sustained severe and catastrophic injuries including a devastating traumatic brain injury.”
The crash left Trooper Devlin with “profound” cognitive deficiencies, and “he lost every level of his functionality,” his widow said, adding that the loss to their family has been “immeasurable.”
“He adored me and our kids and he wanted nothing more than to come home safely to us,” Devlin said, while flanked by her two sons. “One operator completely and devastatingly changed the trajectory of our lives forever.”
Trooper Christopher Johnson, legislative aide for the state police union, said he was “pretty damn lucky” to be able to testify in front of the committee, given that he was struck by a vehicle traveling “87 miles per hour” over Interstate 495 in August 2017.
Johnson said he was diagnosed with a Grade 3 concussion, splenic laceration, and permanent disc damage to his back. He is recovered and back to work, he said, but will have to “live with those injuries for the rest of his life.”
Nick Allen, who was struck by a car on Interstate 93 in Randolph this past June, may not be so lucky. It’s unclear if he will “ever come back to work in his capacity as a state trooper,” Johnson said.
The day’s testimony pointed to potential favorable action from the joint committee. Timilty, a committee member, testified in favor, and Senate Chair Brendan Crighton put forward a separate bill that would further amend the “move over law” to include utility and disabled vehicles.
“We’ve been favorable toward this kind of fix so we’ll all be optimistic about it,” House Committee Chair William Straus said.
