No Passing

[SHC]

Wisconsin

I was ticketed for Passing in a no passing zone. When the officer first approaed my vehicle, they claimed I failed to complete my pass in the zone. State law doesn't really state that the entire pass must be completed in the zone. Is there any interpretation about once you start to pass legally in the zone, what happens if you finish in a no passing zone? The entire pass was made at the posted speed limit.

[efflandt]

It is easy run into the end of a passing zone on county roads where they do NOT have the triangular "no passing" signs on left and you cannot tell that the passing zone has ended until too late. But a no passing zone is a no passing zone.

That happened to me heading west on County J west of Hwy 57 up a long gradual incline. After I was committed to the pass, the road began leveling out. An oncoming car began to appear, and I noticed the passing zone ended just before I completed the pass. Just my luck that the oncoming car was a Sheboygan County Sheriff. She was a bratwurst fed woman dressed like a girl scout master (bright red shirt). Hard to argue with somebody's mother or grandmother, so I was good natured about it and admitted that I may have completed my pass a bit late.

I took a bunch of pictures the next day showing how difficult it was to tell where the passing zone was going to end, and from her point of view in the no passing zone, may have been difficult to tell if I was actually into it. The $193 fine was a bit stiff and I felt that completing the pass was safer than nailing the brakes if the car I was passing had done the same, leaving me stuck in the wrong lane. But it would have cost a vacation day and 6 hr roundtrip drive to fight it, so I just paid it.

[cepe10]

Originally Posted by SHC

Wisconsin

I was ticketed for Passing in a no passing zone. When the officer first approaed my vehicle, they claimed I failed to complete my pass in the zone. State law doesn't really state that the entire pass must be completed in the zone. Is there any interpretation about once you start to pass legally in the zone, what happens if you finish in a no passing zone? The entire pass was made at the posted speed limit.

You have to go to the Uniform Vehicle Code (UVC) for that guidance...

11-307.No-passing zones
(a) The (State highway commission) and local authorities are hereby authorized to determine those portions of any highway under their respective jurisdictions where overtaking and passing or driving on the left side of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones and when such signs or markings are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions thereof.
(b) Where signs or markings are in place to define a no-passing zone as set forth in paragraph (a) no driver shall at any time drive on the left side of the roadway within such no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length.
(c) This section does not apply under the conditions described in 11-301 (a)2, nor to the driver of a vehicle turning left into or from an alley, private road or driveway.

If it is marked according to the MUTCD then the ticket is marginally legit.

[url]http://mutcd.fhwa.dot.gov/HTM/2003r1/part3/part3b1.htm#section3B01[/url]

If there is not sufficient warning of the no passing zone then the DMV has treated it conservatively and is allowing passing moves to occur up to the start of the no-pass zone.

[racer72]

State law doesn't really state that the entire pass must be completed in the zone.

Wrong. Read the statute.

346.09(3)
(3) The operator of a vehicle shall not drive on the left side of the center of a roadway on any portion thereof which has been designated a no-passing zone , either by signs or by a yellow unbroken line on the pavement on the right-hand side of and adjacent to the center line of the roadway, provided such signs or lines would be clearly visible to an ordinarily observant person.

You could always claim you are not an ordinarily observant person.