39:4-85 Improper Passing

[debbmob]

I live in Pennsylvania, but I was traveling through the state of NJ.
I was traveling westbound on Route 22 in Pohatcong, NJ when traffic came to a stop. I was to the right of a full two-lane highway but to the right of me was another lane. The lane that I was in and the lane that I was getting into was separated by white dashes. No one else was in that lane. Shortly after I got in that lane the police officer pulled me over and stated that I was actually driving on the shoulder, not another lane, when I got into the lane to the far right of me. Again, that lane and the lane that I was in was separated by white dashes.

Was the officer correct? I thought that it was odd that no one else was in that lane, but did not believe it to be a shoulder. Please advise.

 

[FlyingRon]

White dashes would imply a lane. It may have been an acceleration lane or deceleration lane. You'd need to make sure that during the time in that lane it was continuously a lane (that you didn't encroach on a paved shoulder at any point).

Anyhow, even if it were a lane, you're guilty.
In the situation you describe (traffic in the more left lane and no traffic in the right) you can't pass on the right.

Here's the statute:

39:4-85. Passing to left when overtaking; passing when in lines; signaling to pass; passing upon right
The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. If vehicles on the roadway are moving in two or more substantially continuous lines, the provisions of this paragraph and section 39:4-87 of this Title shall not be considered as prohibiting the vehicles in one line overtaking and passing the vehicles in another line either upon the right or left, nor shall those provisions be construed to prohibit drivers overtaking and passing upon the right another vehicle which is making or about to make a left turn.

The driver of an overtaking motor vehicle not within a business or residence district shall give audible warning with his horn or other warning device before passing or attempting to pass a vehicle proceeding in the same direction.

The driver of a vehicle may overtake and pass another vehicle upon the right as provided in this section only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.

 

[debbmob]

Thank you for your quick reply.