Most Indiana drivers know they have to move over for police cars and ambulances. Fewer know the law changed on July 1, 2023 to cover something far more common: an ordinary disabled vehicle with its hazard lights on.
Under the amended Indiana Code 9-21-8-35, if you approach a stranded motorist with flashers activated, you must move over. If you cannot, you must slow to 10 mph below the posted speed limit until you are clearly past.
That applies on all Indiana roads, including two-lane roads where changing lanes is not possible. On those, slowing down is the requirement.
The Penalty Depends on What You Passed
Indiana tiers this by vehicle type, and the difference between tiers is substantial.
|
What you passed |
Infraction |
Maximum fine |
|
Emergency vehicle (police, fire, ambulance) |
Class A |
Up to $10,000 |
|
Utility, tow, recovery, maintenance vehicle |
Class B |
Up to $1,000 |
|
Disabled vehicle with hazard lights |
Class B |
Up to $1,000 |
There is a further enhancement. If your failure to move over causes serious bodily injury, catastrophic injury, or death to someone operating or associated with an emergency vehicle, the charge becomes a Level 6 felony, carrying potential imprisonment of six months to two and a half years.
The 10 MPH Rule Is Not "Ease Off"
When moving over is not possible, the standard is specific: at least 10 mph below the posted speed limit, maintained until you are clearly past.
On a 70 mph interstate that means 60. Lifting off the accelerator to 68 does not satisfy it.
The requirement to reduce speed applies whether or not another lane is available, so on a two-lane road the slow-down is the entire obligation rather than a fallback.
Which Vehicles Trigger It
The list is longer than most drivers assume, and the 2023 amendment made it longer still.
Indiana Code 9-21-8-35 covers stationary police, fire, ambulance, and EMT vehicles, plus tow trucks, utility service vehicles, solid waste haulers, highway and road maintenance vehicles, construction vehicles, and survey crew vehicles displaying flashing yellow lights.
And since July 2023, any disabled vehicle with hazard lights activated.
The practical test is simple. Flashing lights on the shoulder means move over or slow to 10 under, regardless of what kind of vehicle they belong to.
If You Are the One Broken Down
The same 2023 amendment added a rule pointing the other direction, and it is worth knowing before you need it.
Drivers cannot stop, stand, or park on the side of an interstate unless it is an emergency.
Indiana State Police guidance for drivers who do become stranded is direct: call 911 and stay in the vehicle with your seat belt fastened until help arrives.
That advice exists because of what happens otherwise. In one Indiana incident, a 45-year-old man standing outside his disabled pickup on the Indiana Toll Road walked into the right lane and was struck by a semi. He died at the scene.
The instinct to get out and assess the damage is understandable and it is the most dangerous thing you can do on an interstate shoulder.
Enforcement Is Coordinated Across State Lines
Indiana State Police Commercial Vehicle Enforcement troopers run joint initiatives with the Illinois State Police, Michigan State Police, and Ohio State Highway Patrol, and move over enforcement has been a specific focus.
INDOT has also acknowledged the underlying problem, which is awareness. Surveys have found many drivers do not know the law exists at all.
Frequently Asked Questions
Do I have to move over for a broken-down car in Indiana?
Yes. Since July 1, 2023, Indiana requires drivers to move over or slow down for any disabled vehicle with hazard lights activated, not just emergency vehicles.
What if I cannot change lanes?
Slow to at least 10 mph below the posted speed limit and maintain that until you are clearly past. This applies on two-lane roads and any time moving over is not safe.
How much is a move over ticket in Indiana?
Passing an emergency vehicle is a Class A infraction with fines up to $10,000. Utility, tow, maintenance, and disabled vehicles are Class B infractions with fines up to $1,000.
Can it become a criminal charge?
Yes. If the violation causes serious bodily injury, catastrophic injury, or death to someone associated with an emergency vehicle, it becomes a Level 6 felony.
What should I do if my car breaks down on the interstate?
Indiana State Police advise calling 911 and staying inside the vehicle with your seat belt fastened. Indiana law also prohibits stopping on an interstate shoulder except in an emergency.
The Bottom Line
Flashing lights on the shoulder mean move over. If you cannot, drop to 10 mph below the limit until you are past. Since 2023 that includes a stranded driver with hazards on, not just emergency vehicles, and the fine tiers run to $10,000 with a felony enhancement if someone is hurt.
If you break down, stay in the car with your belt on and call 911.
Reading the road ahead and reacting early is core defensive driving. ABetterDriver offers the Indiana Bureau of Motor Vehicles approved Driver Safety Program fully online for $28.95, self-paced, with completion reported directly to the BMV for a 4-point credit.
