Assemblyman Eric Houghtaling is calling for harsher penalties against those who fail to abide by New Jersey’s “Move Over Law.”
Houghtaling was recently on hand at Howell High School for a presentation by Donna Setaro, a Forked River resident whose son and former State Trooper Marc Castellano was struck and killed on the shoulder of I-195 by a passing motorist on the morning of June 6, 2010.
Setaro’s presentation centered on the merits of the law, the safety risks authorities and fellow motorists face while stopped on the side of Garden State roadways, and how a simple lane change could have saved the life of her son, who passed away at just 29 years old from injuries sustained in the accident.
Houghtaling said the harrowing tale moved him emotionally and inspired him to co-sponsor legislation that would assess two motor vehicle points to drivers who fail to reduce the speed of their vehicle and transition lanes when approaching an authorized emergency vehicle, a tow or highway maintenance truck, or an emergency or sanitation service vehicle that has its lights flashing.
“There are too many drivers that aren’t paying any mind to this law and too many people getting hurt because of it,” Houghtaling said in an interview with The Two River Times, noting how four officers and another person were injured this past August in Manchester when an inebriated driver crashed into a parked police vehicle on the side of Route 37 in Toms River.
“This sort of thing is happening all the time,” Houghtaling added. “Thankfully it doesn’t always result in injuries, or worse, but the potential is there because the law isn’t being observed by our drivers.”
Houghtaling said the current “Move Over Law,” which was established in response to the tragic death of Castellano, only carries with it a moving violation and a possible fine of $100 to $500, but no points to a guilty party’s record.
Though Houghtaling admits he doesn’t expect an abundance of these tickets to be handed out, the assemblyman believes it’s the “fear factor” of a two-point ticket that could affect positive change.
“The chances you’ll actually get a ticket are slim, because usually it’s only one officer on the scene and they’re not going to leave the stop to chase you down, but it’s the fear of a ticket of this severity that could make drivers think twice. That’s what we’re really pushing for. We’re pushing for awareness,” Hougtaling said.
In December, NJ 101.5 midday show radio host Judi Franco published a controversial opinion piece on the station’s website titled “Move-Over Law: Dead Cops Make Bad Laws.”
In the article, Franco described the law as “silly,” and argued that this new law could create more hazardous situations, with drivers potentially forcing their way into another lane where an opportunity may not necessarily present itself.
“…a horrible tragedy doesn’t warrant a law that puts other drivers at risk and is almost impossible to enforce,” Franco concluded.
Assemblywoman Joanne Downey, who co-sponsored the legislation with Houghtaling, called Franco’s article an “insult” to officers and state troopers everywhere.
“As the daughter of a retired state trooper, I am disgusted by Judi Franco’s complete lack of respect for the memory of Marc Castellano and apparent lack of care for the safety of New Jersey’s police officers. How anyone can argue that this law is unnecessary, when its violation has already resulted in the loss of numerous innocent lives, is unfathomable.”
Houghtaling said he and Downey will move to meet with New Jersey’s Department of Motor Vehicles to formulate a plan of action to promote awareness about the harsher penalty through direct mail pieces, signs hung in local motor vehicle departments and even through digital and social media means.
“Whatever we have to do, we have to do to get through to people,” Houghtaling said. “Marc Castellano was struck, thrown 200 feet and had little hope of survival. We can’t allow this to happen anymore. I’d be happy if no one gets a ticket. But this is a matter of safety that we need to take more seriously.”
