Driving on the shoulder

[5thstreet]

APS Wrong Again

Turns out that it's legal to pass a stopped car on the shoulder, but not block traffic

As is not unusual, APS is wrong see 3(c) below (hint: the shoulder is off the roadway):

§ 21-304. When passing on right is permitted.

(a) In general.- Subject to the requirements of subsection (b) of this section, the driver of a vehicle may overtake and pass to the right of another vehicle only:

(1) If the overtaken vehicle is making or about to make a left turn;

(2) On a highway with unobstructed pavement not occupied by parked vehicles and wide enough for two or more lines of vehicles moving lawfully in the same direction as the overtaking vehicle; or

(3) On any one-way roadway, if the roadway is free from obstruction and wide enough for two or more lines of moving vehicles.

(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.- The movement described under subsection (b) of this section may not be made by driving off the roadway.


Legal Resources

 

[BOP]

I get the feeling that there are some people, mostly older, that remember when SoMD was very rural and "local", and they could drive unregistered cars, or drive when they were 12 years old (daddy knows the sherrif), or just drive on the shoulder 'cause they're afraid of traffic. The person you saw doesn't sound like that, but I'll see the occasional 80 year old driving 10 under the speed limit when I'm driving home in rush hour.

Which brings up a pet peeve of mine. For many years, I've found it irritating that many of the chain restaurants in urban areas have all found it necessary to intice senior citizens out during rush hour with advertisements for "happy hour." That's what you need; masses of senior citizens out there during the height of rush hour in urban traffic, on their way to Denny's "happy hour" from 4 - 6pm. Grrrr...

Which brings up a related pet peeve of mine. Seniors who INSIST by gawd, on venturing out during the peak traffic hours to do their "bidness." For crying out loud, grandpa! Do your banking from 9 - 11; not 11 - 1. Go to the restaurant from 10 - 11 or 1 - 2, instead of during the times that working people are trying to take care of their "bidness." God bless you for being a productive member of society all your lives, but stay the heck out of the way of people who still have to go out and work for a living.

/end rant

Thanks for letting me share. Carry on.

 

[LadyCoyote]

I get the feeling that there are some people, mostly older, that remember when SoMD was very rural and "local", and they could drive unregistered cars, or drive when they were 12 years old (daddy knows the sherrif), or just drive on the shoulder 'cause they're afraid of traffic. The person you saw doesn't sound like that, but I'll see the occasional 80 year old driving 10 under the speed limit when I'm driving home in rush hour.

This is a good point.

 

[Merlin99]

As is not unusual, APS is wrong see 3(c) below (hint: the shoulder is off the roadway):

§ 21-304. When passing on right is permitted.

(a) In general.- Subject to the requirements of subsection (b) of this section, the driver of a vehicle may overtake and pass to the right of another vehicle only:

(1) If the overtaken vehicle is making or about to make a left turn;

(2) On a highway with unobstructed pavement not occupied by parked vehicles and wide enough for two or more lines of vehicles moving lawfully in the same direction as the overtaking vehicle; or

(3) On any one-way roadway, if the roadway is free from obstruction and wide enough for two or more lines of moving vehicles.

(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.- The movement described under subsection (b) of this section may not be made by driving off the roadway.


Legal Resources

So are you always a dick or is today a special day? As far as the original issue there is some reason to believe this is true, that being a Maryland Senator and Attorney General saying it.

Dear Mr. King:
Thank you for your recent correspondence to my office. Upon research regarding the legislative intent of Article 21, section 304 by my legislative analyst the following applies. A driver may pass on the right legally WITHOUT crossing the white line if the driver can do so safely and if there is enough pavement to allow for two or more lanes of traffic. In addition a driver may cross the white line and pass on the right to avoid a vehicle that is turning left. So, if a vehicle is passing on the right unsafely and crossing the white line for any reason other than to avoid a vehicle about to make a left turn, it is illegal. The Attorney General's office also confirms this interpretation.

I hope I answered your question.

Sincerely,

Senator DeGrange

And have a pleasant day

V/R
Merlin

 

[aps45819]

So are you always a dick or is today a special day? As far as the original issue there is some reason to believe this is true, that being a Maryland Senator and Attorney General saying it.

And have a pleasant day

V/R
Merlin

he made me feel special

 

[5thstreet]

So are you always a dick or is today a special day? As far as the original issue there is some reason to believe this is true, that being a Maryland Senator and Attorney General saying it.

And have a pleasant day

V/R
Merlin

While I admit taking certain pleasure in pointing out that APS was in error, my primary purpose was to dissuade people from taking his advice and doing something both dangerous and illegal.

Even in your letter from a State Senator (btw his opinion means no more than anyone else's and although he says the Attorney General agrees with him, we don't know what the Attorney General was asked), you can't cross the white line which marks off the shoulder.

Here is the definition of the shoulder:

v) Shoulder.- "Shoulder" means that portion of a highway contiguous with the roadway for the accommodation of stopped vehicles, for emergency use, and for the lateral support of the base and surface courses of the roadway.

Notice that the shoulder is contiguous to the roadway, not part of it. The law allow passing on the right on the roadway only.

If passing on shoulder was permitted, the State would not be spending money building bypass lanes at intersections where people frequently stop to turn left.

Have a safe Memorial Day.

 

[MMDad]

So are you always a dick or is today a special day? As far as the original issue there is some reason to believe this is true, that being a Maryland Senator and Attorney General saying it.

And have a pleasant day

V/R
Merlin

It is a poorly written law. Most cops don't understand it. If a law, written in english, requires interpretation it should probably be revised so that drivers, cops, and judges can actually understand it.

 

[5thstreet]

It is a poorly written law. Most cops don't understand it. If a law, written in english, requires interpretation it should probably be revised so that drivers, cops, and judges can actually understand it.

I agree, it could be clearer.

If you spend any time working with laws and/or regulations, you quickly realize how important it is to read the definitions. People use words in different ways and frequently use them to mean something subtly different than the legal definition.

In this case the law defines the shoulder as being contiguous to the roadway, which means it is not part of the roadway. That might not have been the intent of every legislator who voted for it, put it is what passed and was signed into law.

 

[Merlin99]

It is a poorly written law. Most cops don't understand it. If a law, written in english, requires interpretation it should probably be revised so that drivers, cops, and judges can actually understand it.

Which is the reason I phrased it the way that I did.

 

[struggler44]

So are you always a dick or is today a special day? As far as the original issue there is some reason to believe this is true, that being a Maryland Senator and Attorney General saying it.

And have a pleasant day

V/R
Merlin

My guess would be "always a dick" and semi on special days.

 

[Star_Rider]

If passing on shoulder was permitted, the State would not be spending money building bypass lanes at intersections where people frequently stop to turn left.

From the State Highway Access Manual - STANDARD SITE ACCESS IMPROVEMENTS

13.1.4 Turning Lanes.
Turning lanes typically include deceleration lanes, acceleration lanes, bypass lanes, and left turn lanes. They may be required in accordance with 13.4 to address right and left turns both in and out of an access point. Turning lanes are an important element of site access improvements in that they allow speed changes and turning maneuvers to occur outside of the normal flow of highway traffic. This reduces the incidence of rear-end collisions at the access point and helps to maintain through traffic flow on the highway. Accordingly, SHA requires turning lanes for public road connections and for commercial sites that will generate appreciable traffic during times of peak travel on the State highway.

13.1.5 Improved Shoulders.
Where formal turning lanes are not expressly required by this policy, widening to provide an improved shoulder may be required for any access point to address occasional turning vehicles, in accordance with 13.7. This includes providing new shoulders, widening along existing shoulders, and reconstructing existing shoulders to provide a traffic bearing surface outside of the normal travel lanes of the highway to address occasional turning movements.

Also

13.6 Shoulder Improvement
Shoulder improvement is defined as the construction of new shoulders, or widening and reconstruction and/or resurfacing of existing shoulders, to provide a traffic-bearing paved area outside of the normal travel lanes for accommodating turning movements at the proposed site access.

13.6.1 Warrants.
A shoulder improvement may be required where indicated by one or more of the following guidelines:

Along and throughout the limits of any frontage channelization required by 13.2.
Where a full or partial deceleration or acceleration lane is not required.
Where a bypass lane is not required.
Where a deceleration, acceleration, and/or bypass lane is required but is not feasible, as determined by SHA, due to substantiated site constraints (lack of sufficient available R/W, lack of alternate access location with sufficient R/W, prohibitive environmental impacts, etc. – but not economic hardship).
Where warranted for safety, as determined by SHA.
13.6.2 Length Required.
The length required for a shoulder improvement varies with the intended use, as follows:

Application/Movement Length Required
Posted Speed < 40 mph Posted Speed 40 mph or over
Frontage Improvement Refer to 13.2 Refer to 13.2
Deceleration/Right-Turn Based on 8:1 taper * Based on 15:1 taper *
Acceleration Based on 8:1 taper * Based on 15:1 taper *
Bypass Refer to 13.5 Refer to 13.5
Other Case-by-case Case-by-case

*NOTE: Assuming 12' of the available shoulder width is used by turning vehicles, the lengths are approximately 100' and 180' for 8:1 and 15:1 tapers, respectively.

SHA builds Turning Lanes as required and also provides Improved Shoulders to allow passing a vehicle that has stopped while waiting to turn.

Finally, from Maryland SHA Bicycle and Pedestrian Design Guidelines

CHAPTER 2: PAVED SHOULDERS
2.1 General Purpose of Shoulders
Throughout Maryland, roadway shoulders may be constructed of any material from the same high grade paving as the roadway to unconsolidated aggregate. All shoulders add structural support to the traveled way (thus extending pavement life), provide part of the system to discharge rainwater, and increase the space between the traveled way and roadside obstacles.
They are used by motorized vehicles for parking, emergency stopping, emergency maneuvers, and bypassing left turning vehicles. They also provide a place for bicycle travel outside the area used by motorized vehicles and a place for pedestrian travel where there is no sidewalk.

Most people would not consider it "leaving the roadway" if it was on a paved shoulder, but would if it was an unimproved shoulder (gravel, dirt, grass, etc...) Not saying that you're right or wrong or that the law doesn't need clarification, just pointing out that the SHA interpreted the law as being ok to pass a stopped car on a shoulder that is wide enough and has the same "high grade paving as the roadway".

 

[Merlin99]

From the State Highway Access Manual - STANDARD SITE ACCESS IMPROVEMENTS


Also


SHA builds Turning Lanes as required and also provides Improved Shoulders to allow passing a vehicle that has stopped while waiting to turn.

Finally, from Maryland SHA Bicycle and Pedestrian Design Guidelines



Most people would not consider it "leaving the roadway" if it was on a paved shoulder, but would if it was an unimproved shoulder (gravel, dirt, grass, etc...) Not saying that you're right or wrong or that the law doesn't need clarification, just pointing out that the SHA interpreted the law as being ok to pass a stopped car on a shoulder that is wide enough and has the same "high grade paving as the roadway".

SHA may build the roads, but MVA determines how they're used.

 

[Star_Rider]

SHA may build the roads, but MVA determines how they're used.

Hence my last paragraph

 

[DEEKAYPEE8569]

Turns out that it's legal to pass a stopped car on the shoulder, but not block traffic

Based on?? When you say it's legal to pass.....;it's legal for WHO and/or WHAT to pass? Ambulances? Law Enforcement?
Or just anybody who doesn't want to wait for traffic to move?

 

[aps45819]

Based on?? When you say it's legal to pass.....;it's legal for WHO and/or WHAT to pass? Ambulances? Law Enforcement?
Or just anybody who doesn't want to wait for traffic to move?

why would it make a difference as to who owns the vehicle?

 

[Merlin99]

Based on?? When you say it's legal to pass.....;it's legal for WHO and/or WHAT to pass? Ambulances? Law Enforcement?
Or just anybody who doesn't want to wait for traffic to move?

§ 21-304. When passing on right is permitted.

(a) In general.- Subject to the requirements of subsection (b) of this section, the driver of a vehicle may overtake and pass to the right of another vehicle only:

(1) If the overtaken vehicle is making or about to make a left turn; .....

That would include everyone

 

[bohman]

My grandfather, who often drove slower than the speed limit, would drive on the shoulder so as not to be in the way of the faster drivers. I never thought it was a good idea, but he was just trying to be courteous.

There's no excuse. I nearly got killed by someone doing exactly what the poster described, in the same area of highway. I was sitting at the red light at Mervell Dean, waiting to turn left on S 235. Thank God I had not pulled up past the white line, because somebody on the N 235 shoulder went straight through the intersection at speed. They missed my front bumper by inches.

It wasn't a pickup, though, it was a car. So that brings the official count of people doing this crap to at least 2. Watch out for yourself where ever you go.

 

[MrZ06]

I don't think driving slowly on the shouldder is a big deal but I agree with everyone else that blowing through stop sighns is prety wreckless.

 

[smilin]

Saw a new one today:
A Guardian Pest Control van (YES the driver did this with his LOGO written everywhere) apparently decided he could fit in the right turn ramp onto rt4 (from 235 towards Solomons) at the same time as a car that was already there! Moved the car to the curb, cut him off, then floored the van as fast as it could go down the right lane.
When the van got to the end of the right lane they cut off another car with inches to spare. Of course he got stuck in traffic but tailgated all the way over the bridge...
GREAT Public Relations work.
Must have been an emergency termite breakout!

 

[foodcritic]

§ 21-304. When passing on right is permitted.

(a) In general.- Subject to the requirements of subsection (b) of this section, the driver of a vehicle may overtake and pass to the right of another vehicle only:

(1) If the overtaken vehicle is making or about to make a left turn; .....

That would include everyone

You are correct. You can pass on the right. However you can not drive on the right. So passing one car that is turning is OK but if you drive a mile likes it's your own lane than that would be a violation.