Passing on The Shoulder

Toxick

Splat
Was reading an article about Deb Rey’s town hall and found that bill was passed that will allow drivers to pass on the shoulder when there is a vehicle stopped and making a left turn. It’s supposed take effect on October 1st.
Good :yay:
 

ciwmj

New Member
Does it matter? It's not like it is being policed or anything... :whistle:
You are absolutely right. I don't think that ant law can be enforced in todays world. There aren't enough police on the roads to do anything, and they are being held back because they can't chase over a certain speed and on 235 most drivers are going 70 in a 55 mph zone and you don't see anyone doing anything about that. Screw the silly laws , just have someone out there enforcing the laws that stop people from killing each other. I don't care if the speeders kill themselves , but leave me and mine alone.
 

Merlin99

Visualize whirled peas
PREMO Member
Was reading an article about Deb Rey’s town hall and found that bill was passed that will allow drivers to pass on the shoulder when there is a vehicle stopped and making a left turn. It’s supposed take effect on October 1st.
How is that different than this?

§ 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.- 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
 

BernieP

Resident PIA
Well, at the very least they are breaking the law if they continue through that lane by the new Urgent Care. That lane is marked Right Turn ONLY at that intersection. If they continue straight then technically they broke the law with a moving violation.
The lane is marked (posted signs) all the way down both sides of 235 right turn only
They are making a right turn, we just don't know where. The right lane from Walmart to Chancellors Run Road is an expressway for people who go south, they just rip around the corner out of Walmart and do 55 to CRR. Excuse me, 45, they don't speed.
 

vraiblonde

Board Mommy
PREMO Member
Patron
I never knew that was against the law.

Or are they making laws now allowing things that were never illegal?
 

awpitt

Main Streeter
I never knew that was against the law.

Or are they making laws now allowing things that were never illegal?
I t is illegal. Always has been. You can't cross a solid white line. There are some places (some on Rt 5 one on Willows rd) where the solid white line curves over the shoulder thus allowing one to pass a left turning vehicle.
 

awpitt

Main Streeter
Can you get a ticket if you are making a right turn, there's no turn lane just a shoulder and you use the shoulder as a turn lane? Make sense?
Simple answer is yes. If there's a solid white line, you cannot cross it.
 
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How is that different than this?
(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
I got a ticket for passing a car on 925 years ago. They were turning left, I went onto more than wide enough, paved shoulder and passed them at a safe speed. Sheriff deputy that I knew was behind me lit me up immediately. I took it to court. Once you cross the white line, you are now "driving off roadway".
 

Merlin99

Visualize whirled peas
PREMO Member
"C" is what gets you. Roadway is defined a white line to white line. Beyond the white line is "off the roadway"
Doesn't answer the question on how it's different though. It sounds like she's trying to pass a duplicate law that's still going to have the very same flaw.
 

GURPS

INGSOC
PREMO Member
... will allow drivers to pass on the shoulder when there is a vehicle stopped and making a left turn.



I thought this was already legal .... sans the shoulder part - Passing on the Right was always legal as long as someone is stopped for a left turn
 

stgislander

Well-Known Member
PREMO Member
I thought this was already legal .... sans the shoulder part - Passing on the Right was always legal as long as someone is stopped for a left turn
As I've always understood it only if there is another travel lane to the right. As stated above, anything outside the solid white lines is "off the roadway".
 

awpitt

Main Streeter
I thought this was already legal .... sans the shoulder part - Passing on the Right was always legal as long as someone is stopped for a left turn

Actually, no it is not. You cannot pass on the right using the shoulder. Unless there is a painted white line that deviates on to the shoulder indicating a passing area.
 

officeguy

Well-Known Member
I thought this was already legal .... sans the shoulder part - Passing on the Right was always legal as long as someone is stopped for a left turn
My MIL got pulled over for doing it but got off with a warning. At the time I tried to find a statute that made it illegal and couldn't find one. I suspect it exists as the MGA wants to do away with it.
 

Goldenhawk

Well-Known Member
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:
(a) In general. -- "Roadway" means that part of a highway that is improved, designed, or ordinarily used for vehicular travel, other than the shoulder.
From definitions section 21-101:
(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.
Regarding passing, from 21-304:
(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.
Translated: "off the roadway" = "on the shoulder".

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.
 

stgislander

Well-Known Member
PREMO Member
I stopped passing on the shoulder after the girl was killed on Rt5 in Chingville a few years back.
 

awpitt

Main Streeter
The bill has only passed the House as of now, HB 1456. Rey didn't propose it, Parrot did.
Actually, no one said Rey proposed it. She just reported on it's passage at her town hall. Additionally, it passed the House of Delegates 138-1 and has passed the Senate 45-1. Takes effect October 1, 2017.
 

Toxick

Splat
I never knew that was against the law.

Or are they making laws now allowing things that were never illegal?


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.
 
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