Committee advances ‘Cheryl’s Law’ to expand move-over rules to all roadside stops

The House Transportation Committee moved SB 273, billed as Cheryl’s Law, forward after testimony from the bill’s prime sponsor, safety advocates and law-enforcement groups that the state’s current move-over law should cover any stopped or standing motorist as well as emergency and service vehicles.

Sen. Donovan Fenton, the bill’s prime sponsor, told the committee the measure would “clarify motorists’ responsibilities” and require drivers to reduce speed, change lanes if it is safe to do so and give a wider berth when approaching stopped or standing vehicles displaying warning signals. “This legislation has broad support from key stakeholders,” Fenton said, citing recent roadside fatalities, including Staff Sgt. Jesse Cheryl and Brig. Gen. John Pogoic.

The bill would also require drivers to follow directions of authorized personnel directing traffic and obey applicable signals. It adds tow trucks, roadside workers and stranded motorists to the classes that motorists must move over for, and extends the duty to reduce speed and move over to any stopped or standing vehicle with warning signals or nonvehicular warning signs.

Supporters included AAA Northern New England and the New Hampshire State Police. Dan Goodman of AAA told the committee nearly 25 percent of drivers surveyed nationally were unaware of move-over laws and said extending the law to all stranded motorists would add a layer of protection for people outside their vehicles. “Whether you are a police officer, a fireman, a tow truck driver, or a motorist with a flat tire on the side of the road, this is designed to create a behavior change and improve road safety,” Goodman said.

Matt Amatucci of the New Hampshire State Police said the department supported the expansion and that renaming the law in memory of Staff Sgt. Cheryl would serve as a reminder to drivers. “The emphasis isn’t to enforce this law,” Amatucci said. “I firmly believe that the vast majority of the public are good law‑abiding citizens that if just given the guidance, they will abide by that.”

Committee members raised questions about language in the bill, including the phrase “if practical” that limits the duty to move over when it is not safe, and a clause referencing “nonvehicular warning signs.” Senator Fenton said he had worked with the Department of Safety and tow operators on the wording and that the intent is to educate drivers rather than increase ticketing. Representative Sykes asked whether the change might reduce the scenarios when drivers must move entirely; Fenton replied that the bill is intended to clarify and strengthen the current law.

The bill’s fiscal impact was not shown to require new funding and sponsors said enforcement would rely on existing resources and an education effort; AAA testified it would help publicize any change to the law. The committee’s executive session recorded an “ought to pass” recommendation, and the committee forwarded the bill by voice roll with the motion recorded as passed (roll call in exec session: final recorded result 15–0 in the second roll call recorded in the transcript). The committee and witnesses stressed a public‑education effort if the bill becomes law.

The bill’s supporters said the bill is aimed at preventing roadside deaths and honored the memory of service members who died on the roadside. Opponents raised concerns about vague terms and enforcement consequences, but the committee adopted the bill recommendation without recorded dissent in its final executive action.

The committee will forward SB 273 to the full House calendar for further consideration.