Passing on the right shoulder, revisited

sleuth

Livin' Like Thanksgivin'
Re: Re: Re: Re: Re: Here is the scoop

Originally posted by Ken King
You do realize that the taste in your mouth is caused by placing your foot there, don't you?

Yes, I do. Sorry. :blushing: My reading comprehension skills have been questionable for many years. I did not catch the part about the analyst.
 

crabcake

But wait, there's more...
Re: Re: Re: Re: Here is the scoop

Originally posted by Ken King
He did it in three days. Not too shabby.
not bad at all! :clap:

Originally posted by sleuth14
But... wouldn't it be more appropriate if we wanted to know the answer to that to either go look it up ourself or ask a lawyer?
Seems to me that a Senator has much more urgent issues than researching traffic laws. At the very least, I would hope that he had an aide or intern do the work of finding the answer to that question. He may have, I guess. Even though the email is signed from him, I suppose an aide might have sent it.
I believe part of the reason they have "constituent inquiry services" is b/c of all the 'red tape' of the fed, and it's done to make it easier on the constituency ... so they don't have to be shuffled from agency to agency finding what they are looking for. Also, so much of what IS out there is either jargon-filled or written in legalese that the average citizen doesn't comprehend (Ken, however, is excluded from average citizenry :lol:). It's one of the many things they do, but yes, they do have interns/staffers who provide this service. I know of no senator/congressman who actually sat and wrote letters for his/her constituents to find out about passing on the right or where the law is governing pay issues, etc. :ohwell:
 

Ken King

A little rusty but not crusty
PREMO Member
Re: Re: Re: Re: Re: Here is the scoop

Originally posted by tatercake
(Ken, however, is excluded from average citizenry :lol:)
You peaked, didn't you? :killingme
 
Thank you Ken King!

Ken King said:
I contacted the Maryland Legislature Committee on Transportation and here is the respons I received from them.

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
I knew I remembered something about this, and that it was legal! I got a ticket on Friday from a Charles Co. Sheriff for passing a car on the right shoulder of 925, when they were stopped to make a left into the parking lot of McCauly's Pub (or whatever the name is of the pub just down from Walmart). Finally had a chance today to do a search on here and found this thread. Then I did a search online for the acutal MD law, and I found the actual law that says it IS legal. I'll be going to court on this one, with documentation.

(a) 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;
 
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willie

Well-Known Member
I'll be going to court on this one, with documentation.

Be sure to take your laptop with you and use your one phone call to let us know what happened.
 
willie said:
Be sure to take your laptop with you and use your one phone call to let us know what happened.
#1 It's traffic court, they don't throw you in the clink in traffic court.:duh:
#2 I don't own a laptop
#3 I doubt that they let you keep things such as laptops and cell phones when they DO throw you in the clink.
 

willie

Well-Known Member
That was just my way of saying you are most likely guilty. The solid white line is the key. "Shoulder" is another keyword that is up for interpretation but the clincher is if the cop thinks it was unsafe and a slight amount of gravel in your line of travel might make him think so. Be sure to let us know the results.
 

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ylexot

Super Genius
willie said:
That was just my way of saying you are most likely guilty. The solid white line is the key. "Shoulder" is another keyword that is up for interpretation but the clincher is if the cop thinks it was unsafe and a slight amount of gravel in your line of travel might make him think so. Be sure to let us know the results.
I guess you didn't read the law then :ohwell:
 
I got a response from the Senator's office. They have forwrded my question on to MVA, and will send me MVA's response when they get it. I realize that this is a nothing response, but still, to get any sort of response this quick is impressive.
 
willie said:
That was just my way of saying you are most likely guilty. The solid white line is the key. "Shoulder" is another keyword that is up for interpretation but the clincher is if the cop thinks it was unsafe and a slight amount of gravel in your line of travel might make him think so. Be sure to let us know the results.
Wrong answer. According to the LAW, what I did IS legal. So :moon:.
 

willie

Well-Known Member
ylexot said:
I guess you didn't read the law then :ohwell:
Are you saying it is crystal clear? :ohwell:
Hunter must not think it's a slam dunk either.
quote:
As you suggested Ken, I have sent my own request for clarification to Senator DeGrange. Thanks!
 

ylexot

Super Genius
willie said:
Are you saying it is crystal clear? :ohwell:
Hunter must not think it's a slam dunk either.
quote:
As you suggested Ken, I have sent my own request for clarification to Senator DeGrange. Thanks!
Crystal clear to me. Not sure how you can read this to say it is illegal:
(a) 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;
 
willie said:
Are you saying it is crystal clear? :ohwell:
Hunter must not think it's a slam dunk either.
quote:
As you suggested Ken, I have sent my own request for clarification to Senator DeGrange. Thanks!
Nope, wrong again. It IS crystal clear to me, I sent an email to the senator so that I could have additional supporting evidence on my side when I go before the judge and say "Your Honor, the officer was wrong. What I did was perfectly legal, and here's why".
 

ylexot

Super Genius
Yeah, kinda tough to go into court and tell the judge the guy whose job it is to enforce the law does not know the law. Did you notice the first post in this thread...
According to Major Greg Shipley, the chief spokesman for the Maryland State Police, here is the law: If there is a solid white line on the right edge of the roadway, you cannot cross it.
Even the chief spokesman doesn't know the law. :ohwell:
 
ylexot said:
Yeah, kinda tough to go into court and tell the judge the guy whose job it is to enforce the law does not know the law. Did you notice the first post in this thread... Even the chief spokesman doesn't know the law. :ohwell:
I got a ticket once for passing two vehicles at once. The trooper informed me that was illegal in MD. Guess what? It's not. Point? They aren't always right. Thats why they don't convict, just ticket.
 

willie

Well-Known Member
ylexot said:
Yeah, kinda tough to go into court and tell the judge the guy whose job it is to enforce the law does not know the law. Did you notice the first post in this thread... Even the chief spokesman doesn't know the law. :ohwell:
Like it or not, it's a crapshoot. Judges are not necessarily rational people.
 

ocean733

New Member
Lemme get this straight: it's illegal to pass someone on the right when a vehicle is making a left-hand turn? Not that all laws necessarily make any sense, but why would that be against the law?

And, yes, going to court is definitely a crapshoot, but usually just for showing up to court to fight it, they'll at least lower the fine/points or whatever. Then, it all depends on the mood of the judge, IMO.
 
ocean733 said:
Lemme get this straight: it's illegal to pass someone on the right when a vehicle is making a left-hand turn? Not that all laws necessarily make any sense, but why would that be against the law?

And, yes, going to court is definitely a crapshoot, but usually just for showing up to court to fight it, they'll at least lower the fine/points or whatever. Then, it all depends on the mood of the judge, IMO.
Not entirely. Mine got thrown out beforehand.
 
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