For Immediate Release – August 30, 2021
Hermantown Police and Partner Departments to Highlight “Ted Foss Move Over” Law
Hermantown, Minn. – The Hermantown Police Department will join with several other law enforcement agencies to conduct a special enforcement project designed to heighten awareness of the “Ted Foss” Move Over Law on Tuesday, August 31.
Along with the Duluth Police Department, St. Louis County Sheriff’s Office, and officers from the University of Minnesota-Duluth, the Hermantown Police Department will have increased enforcement along the Miller Trunk corridor of U.S. Highway 53 focused on raising awareness and stressing the dangerous nature of not following the laws regarding moving over for law enforcement officers conducting their efforts.
The day marks the 21st anniversary of the passing of Minnesota State Trooper Ted Foss, who was struck and killed by a tractor trailer while conducting a traffic stop in Rochester, Minnesota.
The “Ted Foss” Move Over Law was enacted to educate drivers on the importance of giving roadway space to law enforcement, as well as providing officers a needed means to stop dangerous driving in their vicinity.
A pre-enforcement briefing for the various departments involved in Tuesday’s project will be held at the Hermantown Police Department at noon.
“This is a great opportunity, both in the media and in tomorrow’s enforcement event to educate the public on this law,” said Jim Crace, Hermantown’s Chief of Police. “This is a safety concern for our officers each and every single day.”
The law states that when traveling on a road with two or more lanes, drivers must keep one full lane away from stopped emergency vehicles with flashing lights activated, including ambulance, fire, maintenance, and construction vehicles, in addition to police. Failing to take these actions endangers personnel who provide critical and life-saving services.
The full text of Statute 169.18, Subdivision 11 can be found below.
169.18 DRIVING RULES.
Subd. 11. Passing parked authorized vehicle; citation; probable cause.
(a) For purposes of this subdivision, “authorized vehicle” means an authorized emergency vehicle, as defined under section 169.011, subdivision 3; a tow truck or towing vehicle, as defined under section 168B.011, subdivision 12a; a freeway service patrol vehicle; a road maintenance vehicle; a utility company vehicle; a construction vehicle; a solid waste vehicle; or a recycling vehicle.
(b) When approaching and before passing an authorized vehicle with its emergency, flashing, or warning lights activated that is parked or otherwise stopped on or next to a street or highway having two lanes in the same direction, the driver of a vehicle shall safely move the vehicle to the lane farthest away from the authorized vehicle, if it is possible to do so.
(c) When approaching and before passing an authorized vehicle with its emergency, flashing, or warning lights activated that is parked or otherwise stopped on or next to a street or highway having more than two lanes in the same direction, the driver of a vehicle shall safely move the vehicle so as to leave a full lane vacant between the driver and any lane in which the authorized vehicle is completely or partially parked or otherwise stopped, if it is possible to do so.
(d) If a lane change under paragraph (b) or (c) is impossible, or when approaching and before passing an authorized vehicle with its emergency, flashing, or warning lights activated that is parked or otherwise stopped on or next to a street or highway having only one lane in the same direction, the driver of a vehicle must reduce the speed of the motor vehicle to a speed that is reasonable and prudent under the conditions until the motor vehicle has completely passed the parked or stopped authorized vehicle, if it is possible to do so.
(e) A peace officer may issue a citation to the driver of a motor vehicle if the peace officer has probable cause to believe that the driver has operated the vehicle in violation of this subdivision within the four-hour period following the termination of the incident or a receipt of a report under paragraph (f). The citation may be issued even though the violation was not committed in the presence of the peace officer.
(f) Although probable cause may be otherwise satisfied by other evidentiary elements or factors, probable cause is sufficient for purposes of this subdivision when the person cited is operating the vehicle described by a member of the crew of an authorized emergency vehicle or a towing vehicle as defined in section 168B.011, subdivision 12a, responding to an incident in a timely report of the violation of this subdivision, which includes a description of the vehicle used to commit the offense and the vehicle’s license plate number. For the purposes of issuance of a citation under paragraph (e), “timely” means that the report must be made within a four-hour period following the termination of the incident.
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For more information, contact: Joe Wicklund, Communications Director, City of Hermantown at [email protected] or 218.729-3614