Vermont’s move over law provides for a five point penalty if a motorist is found to have failed to”proceed with caution, and, if traveling on a four-lane highway, and safety conditions permit, make a lane change.” A recent operation by the Vermont State Police tested out the frequency of violations of this law when they set up a specialized operation on Route 7 in Bennington.
The operation had two cruisers setup in the breakdown lane, one with its emergency lights activated to simulate a traffic stop. In two hours, police initiated 17 stops for alleged violations. Sgt. Turner of the Vermont State police stated that the area in which the stops were made along route 7 was a three lane highway, which gave cars the ability to move into the passing lane.
It is curious however, as to whether these stops were in fact a violation of the statute, as Route 7 is not a four lane highway. In order to uphold the charge in court, the officer would have to show that the operator was not proceeding with caution when they passed the officer, certainly a subjective standard that is up for individual interpretation.