MD state law is explicit about the definition of "roadway". Anything outside normal travel lanes is (currently) illegal to use for passing. That is what will be changing, it seems.
From section 11-151:
From definitions section 21-101:(a) In general. -- "Roadway" means that part of a highway that is improved, designed, or ordinarily used for vehicular travel, other than the shoulder.
Regarding passing, from 21-304:(v) Shoulder.- "Shoulder" means that portion of a highway contiguous with the roadway for the accommodation of stopped vehicles, for emergency use, for use by bicycles and motor scooters, and for the lateral support of the base and surface courses of the roadway.
Translated: "off the roadway" = "on the shoulder".(b) Safe conditions required.- The driver of a vehicle may overtake and pass another vehicle to the right only if it is safe to do so.
(c) Driving off roadway.- Except for an operator of a bicycle or motor scooter, a person may not make the movement described under subsection (b) of this section by driving off the roadway.
A couple years ago the State Highway Administration met with our neighborhood (Bay Ridge, on Rt 5 just south of Great Mills Rd) about the cars running the shoulder coming north from Hermanville, which has caused several accidents at our entrance. The head SHA official said the reason that cars are not (generally) permitted to pass on the shoulder is that the shoulder is not built the same - it has thinner asphalt and base materials. Therefore routine use is discouraged by the law, to protect the shoulder pavement from excessive wear.
That's not something they can fix with a law allowing passing on the shoulder - so apparently the legislators are giving in to reality, at the likely cost of increased roadway repairs.
I stopped passing on the shoulder after the girl was killed on Rt5 in Chingville a few years back.
"Pain heals. Chicks dig scars. Glory... lasts forever." - Shane Falco
Thks. I didn't look at the definitions. 'Roadway' in my mind included a paved shoulder.
I knew it was against the law.
Because right here in this very forum* I made a complete jackass out of myself arguing that it was not against the law.
Then I did research and saw that I was wrong.
And I had to degrade and demean myself by apologizing in front of God and everyone like I was some kind of filthy clueless peasant.
*Or one of the forums. I think it was here.
Life is too short to pretend you don't like being choked during sex.