Scott’s Law, also known as the “Move Over” Law in Illinois, is a crucial piece of traffic legislation designed to protect emergency and roadside workers. Enacted in memory of Lieutenant Scott Gillen of the Chicago Fire Department, who was struck and killed by a drunk driver while assisting at a crash scene in 2000, the law mandates specific actions for drivers approaching stationary vehicles with flashing lights.
Key Provisions of Scott’s Law:
- Slow Down: Drivers must reduce their speed when approaching any stationary vehicle displaying flashing lights, including:
- Police cars
- Firetrucks
- Ambulances
- Tow trucks
- Maintenance or construction vehicles
- Disabled vehicles with hazard lights activated
- Change Lanes:
- If safe and possible, drivers must move over to a lane that is not adjacent to the stationary vehicle.
- On two-lane roads, where changing lanes isn’t possible, drivers should proceed with caution and maintain a safe distance.
- Exercise Caution: Drivers are required to proceed cautiously, keeping the safety of all roadside workers and other drivers in mind.
Penalties for Violating Scott’s Law:
Violations of Scott’s Law carry serious consequences, including:
- Fines:
- Minimum fine of $250 for a first offense.
- Minimum fine of $750 for subsequent offenses.
- If the violation involves an injury or death, fines can escalate significantly, and additional penalties may apply.
- License Suspension:
- Driver’s licenses may be suspended for violations, particularly if the incident causes harm to others.
Importance of Scott’s Law:
- Protects first responders, tow truck drivers, and other roadside workers who face significant risks while performing their duties near moving traffic.
- Raises awareness about the need to be alert and cautious while driving, especially near potentially hazardous roadside situations.
Recent Updates and Public Awareness:
Illinois has strengthened enforcement of Scott’s Law due to rising incidents of first responders being struck by vehicles. Public awareness campaigns emphasize the life-saving importance of moving over and slowing down.
Scott’s Law, officially designated as 625 ILCS 5/11-907(c), is Illinois’ “Move Over” law, mandating that drivers take specific precautions when approaching stationary vehicles displaying flashing warning lights. This legislation aims to safeguard emergency responders and others performing duties on the roadside.
Historical Context: Enacted in 2001, Scott’s Law honors Lieutenant Scott Gillen of the Chicago Fire Department. On December 23, 2000, Lt. Gillen was fatally struck by an intoxicated driver while assisting at a crash scene on the Dan Ryan Expressway. This tragedy underscored the dangers faced by emergency personnel and led to the establishment of the law.
Legal Requirements: Under Scott’s Law, when approaching a stationary authorized emergency vehicle displaying flashing lights, drivers must:
- Change Lanes: On highways with at least four lanes (with two lanes proceeding in the same direction), drivers should, with due caution and safety, move over to a lane not adjacent to the stationary vehicle.
- Reduce Speed: If changing lanes is unsafe or impossible, drivers must proceed with due caution and reduce speed, maintaining a safe speed for road conditions until safely past the stationary vehicle.
The law applies to all vehicles displaying flashing warning lights, including police cars, fire trucks, ambulances, tow trucks, and maintenance vehicles.
Penalties for Non-Compliance: Violating Scott’s Law carries significant penalties:
- Fines: A first offense incurs a fine ranging from $250 to $10,000. Subsequent offenses carry fines between $750 and $10,000.
- License Suspension: Violations resulting in property damage can lead to a driver’s license suspension of 90 days to one year. Incidents causing injury may result in a suspension of 180 days to two years, and violations leading to a fatality can result in a two-year suspension.
- Criminal Charges: If a violation results in damage to another vehicle, it’s classified as a Class A misdemeanor. If it causes injury or death, it’s a Class 4 felony.
Recent Incidents and Enforcement: Despite the law’s intent, violations persist, leading to severe consequences:
- Trooper Brian Frank Incident (2021): In February 2021, Illinois State Police Trooper Brian Frank was critically injured when a driver violated Scott’s Law, striking his vehicle. The driver, Angel Casillas, pleaded guilty and was sentenced to 15 months in prison in September 2023. CBS News
- Huntley Firefighter Near-Miss (2024): In November 2024, a Huntley firefighter narrowly avoided serious injury on I-90 when a semi-truck collided with a fire engine at a crash scene. The firefighter managed to jump away, sustaining minor injuries. The driver was cited under Scott’s Law. Daily Herald
Technological Advancements in Enforcement: To enhance compliance, Illinois has integrated technology into enforcement efforts:
- Real-Time Alerts: In October 2024, the Illinois State Police partnered with Google Public Sector to develop a system that provides real-time, GPS-based alerts to drivers via platforms like Waze and Google Maps. This system notifies drivers of nearby emergency vehicles, prompting them to slow down and move over. Spectrum News
Public Awareness and Education: Ongoing efforts aim to educate the public about Scott’s Law:
- Scott’s Law Day: December 23rd is designated as Scott’s Law Day in Illinois, serving as a reminder of the law’s importance and honoring Lt. Gillen’s legacy. Fox 32 Chicago
- Educational Materials: The Illinois Secretary of State’s office distributes materials outlining the law’s requirements and penalties to promote awareness among drivers.
Statistical Overview
- Rise in Violations:
- Illinois State Police (ISP) reported a steep increase in Scott’s Law violations in recent years. In 2023 alone, over 2,000 citations were issued, indicating persistent non-compliance.
- In 2022, ISP vehicles were struck 23 times, resulting in injuries to several officers.
- Impact on First Responders:
- Between 2019 and 2023, multiple ISP troopers were killed or injured due to Scott’s Law violations.
- A survey by the National Safety Council (NSC) found that 71% of Americans admit to not knowing about Move Over laws in their state, highlighting a knowledge gap that contributes to violations.
- Economic and Social Costs:
- Violations often result in expensive property damage and significant medical costs, further burdening taxpayers and insurance systems.
- The emotional toll on families of victims—both first responders and civilians—cannot be overstated.
Notable Incidents Highlighting the Need for Scott’s Law
- March 2022, ISP Trooper Gerald Ellis:
- Trooper Ellis was killed when a wrong-way driver struck his vehicle on I-94. The driver had ignored emergency lights and caused a devastating collision.
- His death prompted renewed calls for stricter enforcement of Scott’s Law and broader educational campaigns.
- December 2023, Emergency Maintenance Crew in Joliet:
- A maintenance worker repairing guardrails on I-55 was hit by a driver who failed to move over. The driver was later charged with violating Scott’s Law and reckless endangerment.
- August 2024, Illinois Tollway Worker:
- A tollway worker assisting a stranded motorist on I-294 was struck by a distracted driver. The case highlighted how mobile phone use contributes to Scott’s Law violations, spurring additional legislation.
Legal Enhancements and Advocacy
- Amendments to Scott’s Law:
- In 2022, the Illinois General Assembly expanded Scott’s Law to include digital and automated enforcement tools.
- The law now allows for the use of dashcam and roadside surveillance footage to prosecute violations, significantly increasing enforcement efficiency.
- Penalties for Distracted Driving:
- A 2024 amendment linked Scott’s Law with distracted driving statutes, imposing additional penalties for cellphone use while violating the law.
- Repeat offenders face mandatory community service in addition to fines, focusing on educating violators about the law.
- Support from Advocacy Groups:
- Organizations such as the Illinois Move Over Task Force and the National Tow Truck Association actively campaign for stricter enforcement and driver education.
Public Education Campaigns
- “Move Over or Get Pulled Over”:
- This ISP-led campaign, launched in 2023, targets drivers on social media and through billboard advertisements to raise awareness about the consequences of Scott’s Law violations.
- Driver’s License Renewals:
- As of 2024, Illinois drivers renewing their licenses must complete a short online module about Scott’s Law, ensuring continued awareness among seasoned drivers.
- Interactive Simulations:
- The Illinois Department of Transportation (IDOT) uses virtual reality (VR) simulations at state fairs and public events, allowing participants to experience the dangers of roadside inattention firsthand.
Technological Innovations
- Integration with Navigation Apps:
- Apps like Google Maps and Waze now alert drivers to move over when approaching active roadside incidents in Illinois. This feature was rolled out in partnership with ISP and IDOT.
- Automated Warning Systems:
- Roadside beacons equipped with cameras and loudspeakers remind drivers to slow down and change lanes near active emergency zones. These systems also capture license plates of violators for later prosecution.
- Connected Vehicle Technology:
- Pilot programs in Illinois test connected vehicle systems that automatically reduce vehicle speed near roadside incidents or alert drivers through their dashboards.
Scott’s Law in a National Context
Illinois’ Scott’s Law is part of a larger trend to protect emergency responders nationwide:
- Federal Move Over Standards:
- The Federal Highway Administration (FHWA) provides guidelines to states to ensure consistency in Move Over laws.
- In 2023, Congress passed funding to support states in educating drivers about Move Over laws.
- Comparison with Other States:
- Illinois’ fines for violations are among the highest in the country, reflecting the state’s commitment to enforcement.
- Some states, like Florida and Texas, have implemented similar laws but lack Illinois’ robust education and penalty systems.
Personal and Professional Stories
- Testimonies from First Responders:
- ISP officers and firefighters have shared harrowing accounts of close calls, emphasizing the unpredictability of roadside work. These stories often form the emotional core of public education campaigns.
- Impact on Families:
- Families of victims advocate tirelessly for compliance with Scott’s Law. The Gillen family remains active in promoting the law’s awareness, often speaking at memorial events and legislative hearings.
What Drivers Can Do
To comply with Scott’s Law and ensure the safety of roadside workers:
- Stay Alert:
- Avoid distractions and be vigilant for flashing lights or warning signs.
- Plan Ahead:
- Use traffic apps to identify roadside incidents and adjust your route or driving speed accordingly.
- Educate Others:
- Spread awareness among friends and family about the importance of Scott’s Law.
Scott’s Law is not just a regulation—it is a commitment to respect the lives of those who risk theirs to keep us safe. The law’s effectiveness depends on every driver’s willingness to prioritize safety and vigilance on Illinois’ roadways.
Scott’s Law FAQ
1. What is Scott’s Law?
Scott’s Law, also known as the Illinois “Move Over” Law, requires drivers to slow down and, if possible, change lanes when approaching a stationary vehicle with flashing warning lights. The law aims to protect emergency responders, tow truck operators, and other roadside workers.
2. Who does Scott’s Law protect?
The law applies to stationary vehicles displaying flashing lights, including:
- Police officers
- Firefighters
- Ambulance personnel
- Tow truck drivers
- Road maintenance crews
- Any disabled vehicle with hazard lights activated
3. What should I do if I see flashing lights on the side of the road?
Drivers must:
- Slow down: Reduce your speed significantly as you approach.
- Move over: Change lanes away from the stationary vehicle if it’s safe to do so.
- On two-lane roads, maintain a safe distance and proceed with caution.
4. What are the penalties for violating Scott’s Law?
Penalties include:
- Fines:
- $250 minimum for a first offense
- $750 minimum for subsequent offenses
- Up to $10,000 for severe violations
- License Suspension:
- 90 days to 1 year for property damage
- 180 days to 2 years for injuries
- 2 years for causing a fatality
- Criminal Charges:
- Class A misdemeanor for property damage
- Class 4 felony for injuries or fatalities
5. How does Scott’s Law apply to distracted driving?
Violating Scott’s Law while using a cellphone or engaging in other distracted driving behaviors can result in enhanced penalties, including higher fines and longer license suspensions.
6. Are there exceptions to Scott’s Law?
The law does not apply if:
- The driver cannot change lanes safely due to traffic or road conditions.
- There is no immediate risk (e.g., the vehicle is on a divided highway far from the driver’s lane).
However, drivers must always proceed with caution and reduce speed.
7. Is Scott’s Law unique to Illinois?
No. Most states have “Move Over” laws to protect roadside workers. However, Illinois is known for its strict enforcement and significant penalties.
8. How can I report a violation of Scott’s Law?
If you witness a violation, you can report it to local law enforcement with as many details as possible, including the vehicle’s license plate number and description.
9. What happens if a violation is caught on camera?
Under recent amendments, footage from roadside cameras, dashcams, or other surveillance devices can be used to prosecute Scott’s Law violations.
10. Why is Scott’s Law important?
Scott’s Law saves lives by reducing the risk of roadside workers and emergency responders being struck by passing vehicles. Compliance is a small action that makes a big difference in ensuring everyone’s safety.
11. What should I do if I’m unsure about Scott’s Law?
When in doubt:
- Always slow down when approaching flashing lights.
- Change lanes if it’s safe and possible.
- Err on the side of caution—roadside workers’ lives depend on it.
12. Where can I learn more about Scott’s Law?
For additional details, visit the Illinois Department of Transportation (IDOT) website or the Illinois State Police (ISP) public safety pages.