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driving on shoulder to turn

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rb3691j

Junior Member
What is the name of your state (only U.S. law)? New Jersey.


Is it legal to drive in the right shoulder (yes, I know it means crossing a solid white line) in order to make a right turn off a road (like rt1/9/46 in Fort Lee) when there's no turn lane? If so, does it matter if cars in the right lane are going slower or faster than you are going in the shoulder?

When traffic is moving fast, it's necessary to do so to be safe without a turn lane when cars are driving highway speed too close behind you.

When traffic is stopped.... it's not necessary for safety, but it alleviates the traffic a little by removing a car from it. (and in this case it was necessary for me to make it to a physical therapy appt and the traffic was extremely heavy. )

So, is it legal?

I had intended to make a right turn, traffic was dead. I entered the shoulder to make the upcoming right turn. As I got closer, I realized there was a police officer blocking access to the turn (probably to keep city-bound traffic from entering the local streets), so I got back into traffic. Then I entered the shoulder again for the next right turn (according to my GPS), however, THAT right turn was a one way the wrong way. As I got back into traffic again, a police officer pulled me over for improper passing, since while in the shoulder I had effectively passed, according to his count, 10 cars. He said he'd been watching me since the overpass, so he should have noticed that I left the shoulder when I saw that I couldn't turn. He didn't ticket me for driving on the shoulder, but for improper passing - and my intent was not to get ahead of drivers in the right lane, but to make a right turn.
 


cyjeff

Senior Member
Just for clarification...

You drove in the emergency or broke down lane to turn as a service to all the other drivers?
 

I_Got_Banned

Senior Member
Just for clarification...

You drove in the emergency or broke down lane to turn as a service to all the other drivers?
Sort of his contribution to relieving traffic congestion...

Anyway, here's a guess to my earlier question:

39:4-85. Passing to left when overtaking; passing when in lines; signalling 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.
Amended by L.1951, c. 23, p. 82, s. 45.​
The "shoulder" is not considered as the "main traveled portion of the roadway"... It is there for emergency parking if/when a vehicle breaks down or when instructed to pull over by a police officer.
 
What is the name of your state (only U.S. law)? New Jersey.


Is it legal to drive in the right shoulder (yes, I know it means crossing a solid white line) in order to make a right turn off a road (like rt1/9/46 in Fort Lee) when there's no turn lane?

So, is it legal?
.
No.

You got caught in GWB traffic and couldn't patiently wait your turn to get to the exit. That doesn't make it legal to leapfrog traffic in the breakdown lane.
 

JustAPal00

Senior Member
No.

You got caught in GWB traffic and couldn't patiently wait your turn to get to the exit. That doesn't make it legal to leapfrog traffic in the breakdown lane.
But it sure was nice of them to be so considerate of other drivers and lighten the amount of traffic on the road!
 

Zigner

Senior Member, Non-Attorney
I disagree - a person sitting on the side of the road in front of a cruiser that has the red lights flashing makes traffic move SLOWER, not faster ;)
 

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