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Next       Page >>Table       of ContentsTraffic Incident       Management Quick Clearance Laws:A National Review of Best Practices
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Cover images courtesy of the Associated Press 2003 (left),       © Mylightscapes|Dreamstime.com       (center left), the Florida Department of Transportation (center right),       and the San Francisco Bay Area Metropolitan Transportation Commission       (right).

December 2008

U.S. Department of TransportationFederal       Highway Administration

Office of Operations21st Century       Operations Using 21st Century Technologies

1200 New Jersey Avenue,       SE.Washington, DC 20590

December 31, 2008

Dear Transportation Professionals and Traffic Incident       Management (TIM) Partners:

Investments in traffic incident management (TIM) capabilities save       lives and reduce congestion. Nationwide, TIM efforts are credited with       reducing annual delay by 129.5 million hours with an associated cost       savings of $2.5 billion. As part of the Federal Highway Administration's       (FHWA's) mission to "Keep America       Moving," we strive to support State and local efforts to       safeguard the motoring public and those responding to traffic incidents       while reducing congestion and traffic delays resulting from an incident on       the road. Safe, quick clearance of highway incidents�a foundation of both       mature and developing TIM programs�depends on strong, coordinated       multi-agency operations.

With more vehicles on the Nation's highways, traffic incidents become       increasingly more frequent and life threatening to motorists and       responders dispatched to help. Since 2003, 59 law enforcement, 12 fire and       rescue, and 54 maintenance personnel died after being struck by vehicles       along the highway. Moreover, the Towing and Recovery Association of       America (TRAA) reports a loss upward of 100 towing operators in the line       of service annually (2008). The occurrence of responder injury or "near       misses" is much higher. Statistics associated with motorist death and       injuries are even more astounding. In a five-year study conducted in North       Carolina, 1,300 abandoned vehicles were struck, resulting in 47 fatality       crashes and over 500 injuries. In 2005, 500 fatalities were reported       nationally as a result of incidents occurring on the roadway shoulder and       median. In response, many State and local governments have adopted three       types of general legislation constituting Quick Clearance Laws�"Move Over," "Driver Removal," and "Authority Removal"�to support concurrent       safe, quick clearance operations.

Although a number of States currently have one or more of these laws in       place, the legislation varies in scope, wording, coverage, and sanctions.       FHWA produced this document to support State and local efforts to improve       Quick Clearance Law implementation. Researchers found that the most       successful and consistently enforced Quick Clearance Laws had: (1)       carefully crafted statutory language reflecting quick clearance objectives       and (2) State encouragement of government and industry partnerships that       provide united support for safe, quick clearance objectives and laws. This       document supplies States with tools to address arguments against such laws       and examples of Move Over, Driver       Removal, and Authority       Removal laws that work.

We hope you find this material helpful in your efforts to understand,       establish, or strengthen Quick Clearance Laws. Moreover, we encourage       comments and contributions to these primers and other FHWA traffic       incident management documents. Please feel free to contact our Emergency       Transportation Operations Team at ETO@dot.gov with suggestions for future       revisions.

Sincerely,Jeffrey A. LindleyAssociate       Administrator for Operations

NOTICE

This document is disseminated under the sponsorship of the Department       of Transportation in the interest of information exchange. The United       States Government assumes no liability for its contents or use       thereof.

Technical Report Documentation Page
1. Report No.FHWA-HOP-09-0052. Government Accession No.3. Recipient's Catalog No.4. Title and             SubtitleTRAFFIC INCIDENT MANAGEMENT QUICK CLEARANCE             LAWS:A NATIONAL REVIEW OF BEST PRACTICES5. Report DateDECEMBER 20086. Performing Organization Code7. Author(s)Jodi L. Carson,             Ph.D., P.E.8. Performing Organization Report No.9. Performing Organization Name and             AddressTexas Transportation InstituteThe Texas             A&M University SystemCollege Station, Texas 77843-313510. Work Unit No. (TRAIS)11. Contract or Grant         No.DTFH61-06-D-000712. Sponsoring Agency Name and             AddressFederal Highway AdministrationOffice of             Transportation OperationsEmergency Transportation Operations13. Type of Report and Period             CoveredTechnical Report14. Sponsoring Agency Code15. Supplementary NotesProject             performed under contract to Battelle for the Federal Highway             Administration.Project Title: Publication of Quick Clearance and             Driver Removal Laws Document16. AbstractConstituting "Quick             Clearance Laws," three types of general legislation � Move Over, Driver Removal, and Authority Removal laws - support concurrent             Quick Clearance operations intended to enhance motorist and             responder safety, as well as reduce congestion and delay. Although a             number of States currently have one or more of these laws in place,             observed variability in the existence, wording, and coverage of             Quick Clearance Laws challenges further implementation. The intent             of this investigation was to better support Quick Clearance Law             implementation efforts by better preparing States to respond to             questions regarding the necessity of Quick Clearance legislation and             identifying examples from existing State Move             Over, Driver Removal, and Authority Removal legislation that serve to both             support and challenge successful incident management operations.             Through this investigation, carefully crafted statutory content and             language that best support Quick Clearance objectives, and             agency/industry partnerships that provide demonstrated, united             support for safe, Quick Clearance objectives and related legislation             were observed to be key factors supporting implementation of Quick             Clearance Laws. This report includes: (1) a description of the role and relevance of             Quick Clearance Laws in the broader traffic incident management             context; (2) a detailed review of the purpose and intent, model             language, observed content trends and anomalies, and implementation             challenges and resolutions for Move Over,             Driver             Removal, and Authority Removal laws including specific examples from State             legislation; and (3) concluding remarks and proposed strategies for             implementation, including beneficial synergy resulting from combined             Quick Clearance Law implementation.17. Key WordsTraffic Incident             Management, Quick Clearance Laws, Driver Removal Laws, Move Over             Laws, Authority Removal Laws, Safety, State Legislation18. Distribution StatementNo             restrictions.19. Security Classif.(of this             report)Unclassified20. Security Classif.(of this             page)Unclassified21. No. of Pages5622. Price
Form DOT F 1700.7 (8-72) Reproduction of       completed page authorized
Quality Assurance
The U.S. Department of Transportation provides high-quality information       to serve Government, industry, and the public in a manner that promotes       public understanding. Standards and policies are used to ensure and       maximize the quality, objectivity, utility, and integrity of its       information. USDOT periodically reviews quality issues and adjusts its       programs and processes to ensure continuous quality improvement. This       material is based upon work supported by the Federal Highway       Administration under contract number DTFH61-06-D-0007. Any opinions,       findings and conclusions or recommendations expressed in this publication       are those of the author(s) and do not necessarily reflect the views of the       Federal Highway Administration.
Table of Contents- Quality         Assurance 
- Executive         Summary    - Move Over Laws 
  - Driver Removal Laws 
  - Authority Removal Laws 
- Introduction    - Report           Purpose 
  - Target           Audience 
  - Report           Content and Organization 
- Role         and Relevance of Quick Clearance Laws    - Overview           of Quick Clearance Programs 
  - Role           of Legislation in Quick Clearance Programs 
  - Evolution           of Quick Clearance Laws 
- Move         Over Laws    - Purpose           and Intent 
  - Model           Language 
  - Content           Trends and Anomalies 
  - Implementation           Challenges and Resolutions 
- Driver         Removal Laws    - Purpose           and Intent 
  - Model           Language 
  - Content           Trends and Anomalies 
  - Implementation           Challenges and Resolutions 
- Authority         Removal Laws    - Purpose           and Intent 
  - Model           Language 
  - Content           Trends and Anomalies 
  - Implementation           Challenges and Resolutions 
- Implementation         Strategies    - Carefully           Crafted Statutory Content and Language 
  - Fostered           Agency and Industry Partnerships 
  - Synergy           through Combined Quick Clearance Law Implementation 
  - Interim           Measures 
- References 
List of Figures- FIGURE         1. States with Move Over Laws Currently Enacted 
Contact Information
For additional information on this report,contact Kimberly       Vasconez, via email atKimberly.Vasconez@dot.govFederal       Highway Administration1200 New Jersey Avenue, SEWashington, DC       20590

December 2008FHWA-HOP-09-005
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