Question about a traffic ticket

[recon by fire]

I know there are a lot of LEO here so I'm hoping you can help me out with a question. About 3 years ago, at the time my neighbor was a police officer. I asked him, "when a car infront of you is turning left, is it legal to go around them on the right side?"(when the car is stopped and waiting for a break in traffic) He said, "It's legal as long as it's done safely." I've noticed that a lot of people do it. I figured that "safely" meant slow down and don't do it if there is no pavement on the shoulder.

Today I got a ticket for doing it. The LEO told me that in the state of Kansas, the roadway ends at the white line, and he gave me a ticket for "passing on the right."

I'm just trying to find out, because one LEO told me one thing and another told me something different. I actually would have never done if I wasn't told by a LEO that it is legal. Maybe someone can give me some info? Is it illegal?

[warpigM-4]

well i am not LEO yet, But that white line is the Boundary.If a car drifts over it just a little, bam !!!!lights on you could be a DUI.well thats what a Friend LE told me. I had talked to him about his kids Bday party this weekend .He also said some cops don't mind it and some do, you just got one of the ones that do mind .I hate it for you that will be money out of your pocket:mad: you could be using for ammo:eek: drive safe and stay between the lines

[mark5pt56]

In Viginia, it's "fail to stay in lane marked for traffic" If it's a marked lane and there's no adjoining lane that allows you to legally change into, then you must stay in the one your in. Some residential streets may widen near an intersecting city street, technically, it's still one lane although people may start to stage into the right or left side to allow traffic to flow freely.

Typically, at intersections, you will see people violate the code to pick a quicker lane to get through the light or cut across lanes to get to a turn lane. Going onto the shoulder area, etc to go around someone is a no no as well.

Basically, one LEO told you what may have been "allowable" to him when it may have been a violation of Kansaslocal code.

Hope that helps

Mark

[the1911fan]

In Viginia, it's "fail to stay in lane marked for traffic" If it's a marked lane and there's no adjoining lane that allows you to legally change into, then you must stay in the one your in. Some residential streets may widen near an intersecting city street, technically, it's still one lane although people may start to stage into the right or left side to allow traffic to flow freely.

Typically, at intersections, you will see people violate the code to pick a quicker lane to get through the light or cut across lanes to get to a turn lane. Going onto the shoulder area, etc to go around someone is a no no as well.

Basically, one LEO told you what may have been "allowable" to him when it may have been a violation of Kansaslocal code.

Hope that helps

Mark

Same in Ohio. I would have told you it was a violation but not something I'd write someone for every time. Pull over for the violation and use discretion from there..like always.

[tinman44]

this drives me crazy personally, as impatience is what causes untold numbers of accidents. i usually just don't do it myself i figure lead by example. i would like to share a story about this though. my parents lived in a neighborhood that was directly across from another one, there was turning lanes for both of the neighborhoods. funny thing is there would be two cars, one waiting to get into each neighborhood but couldn't due to all the people ILLEGALLY PASSING ON THE RIGHT. the lines are not suggestions. anyways whenever i got to this intersection i would go ahead and turn since i had the right of way. no one ever hit me unfortunately as i hoped someone would so i could get a new paint job. i don't see what the big deal is, OK if the person is waiting for invisible cars i can see myself doing it, otherwise its unsafe and irresponsible. i never wanted to be a police officer or sheriff deputy due to the fact most require a certain experience level of traffic duty. but had this type of behavior gone on when i was learning to drive as rampant as it is now, i would have had no problem camping somewhere and making my county rich.

[ThirdWatcher]

In a lot of states, it is illegal to pass on the right if you have to leave the roadway (defined as the area between the foglines; the road includes the shoulders). If you cross the white fogline, your pass is unsafe and therefore illegal.

[mark5pt56]

untold numbers of accidents

There very few "accidents" Although part of the definition is "an unintentional event" most of them involve an act of stupity that's unfortunate for the other driver.

[tinman44]

There very few "accidents" Although part of the definition is "an unintentional event" most of them involve an act of stupity that's unfortunate for the other driver.

yeah an accident is something you cannot avoid, most car crashes are just that, crashes.

[sff70]

Not lawful in WA, unless performed on a multilane highway.

[TUNNEL RAT 33]

illegal in New York also . was it the end of the month ??

[sproc]

Legal in Oregon by my understanding of our statute, though the highlighted portion leaves a lot to interpretation, unfortunately:

811.415. (1) A person commits the offense of unsafe passing on the right if the person:

(a) Drives a vehicle to overtake and pass upon the right of another vehicle at any time not permitted under this section.

(b) Drives a vehicle to overtake and pass upon the right of another vehicle at any time by driving off the paved portion of the highway.

(2) For purposes of this section, a person may drive a vehicle to overtake and pass upon the right of another vehicle under any of the following circumstances:

(a) Overtaking and passing upon the right is permitted if:

(A) The overtaken vehicle is making or the driver has signaled an intention to make a left turn;

(B) The paved portion of the highway is of sufficient width to allow two or more lanes of vehicles to proceed lawfully in the same direction as the overtaking vehicle; and

(C) The roadway ahead of the overtaking vehicle is unobstructed for a sufficient distance to permit passage by the overtaking vehicle to be made in safety.

(b) Overtaking and passing upon the right is permitted if the overtaken vehicle is proceeding along a roadway in the left lane of two or more clearly marked lanes allocated exclusively to vehicular traffic moving in the same direction as the overtaking driver.

(c) Overtaking and passing upon the right is permitted if the overtaking vehicle is a bicycle that may safely make the passage under the existing conditions.

(3) The offense described in this section, unsafe passing on the right, is a Class B traffic violation. (emphasis mine)

[WS6]

Sounds like local law to me. Down in TX where I used to live the shoulder was fare game. There is a reason it was about 3/4 as wide as a lane and had no rumble-strip. It was there to be used as such, at least EVERYONE used it. If you didn't, it was considered rude and incorrect. Mostly it was used as an on-ramp whereupon when on a small road you could safely accelerate down the shoulder and traffic could go around you until you got up to speed and merged. I know it sounds wierd to you guys and gals who never have been to south texas, but it is perfectly normal/accepted there.

As to the letter of the law, I dunno, but it gets overlooked there.

Where you are? Sounds like you got nabbed on a technicality and helped some cop meet his quota. Coulda been a slow month for him, who knows.

[Gunfighter13]

You really have to love Texas. We make the shoulder of the road wide enough to use as a passing lane when someone is turning left and waiting on traffic. It is also used as a temp slow lane so you can pull to the right and let faster vehicles pass. Its just good manors in Texas. Most traffic laws in Texas are related to safety. Even our speeding laws are written that way, although I have yet to see someone beat a ticket based on their speed being safe for the traffic and road condition at the time they received the ticket. But in Texas it is considered a defense.