California code 21755 - Driving on Shoulder

[danf72]

I just got a ticket for driving on the shoulder with VC 21755. I looked up Vehicle Code Section 21755. I wanted to see if there was anything I could do about it to maybe make it a non-moving violation or something.

"Pass on Right Safely

21755. The driver of a motor vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the paved or main-traveled portion of the roadway."


I was driving on the right lane of a 2 lane highway. The highway has a shoulder on the right. The left lane was completely stopped with traffic merging to enter another highway northbound. I had to merge southbound. A car two cars in front of me stopped in order to merge into the left lane. The car directly in front of me passed on the shoulder to get around that car. I followed. The cop stopped me (too bad for me) and gave me a ticket with VC 21755.

Is there any type of exclusion for passing on the shoulder if the car in front of you is completely stopped? I was literally going 5 or 10 mph to get around and not block the entire lane behind me. My turn to the right was probably 300 feet in front of me, so as you can imagine it's really frustrating to sit there behind someone who is completely stopped. Not to mention that BOTH lanes went to the left, so the guy who stopped had no reason for doing so.

Thanks for any advice.

 

[cyjeff]

Unless you are in an emergency situation, there is no reason to be in the emergency lane... the shoulder.

That lane is not an extra passing lane.

 

[danf72]

Unless you are in an emergency situation, there is no reason to be in the emergency lane... the shoulder.

That lane is not an extra passing lane.

Fair enough. I really doubt I was endangering anyone and I watched about 20 other people do the same thing while I was getting my ticket. People try to get around stuff when traffic is completely blocked, especially when someone is needlessly blocking an entire lane.

In any case, that is not the point of my question. I noticed that Texas traffic law has an exclusion for passing on the shoulder if the car in front is completely stopped. I was just wondering if California law has anything similar or any other exclusion anyone is aware of. Yes, I am looking for any loop hole I might be able to take advantage of. If there isn't, oh well. It's bad luck and I'll just do the traffic school thing and forget about it.

 

[I_Got_Banned]

Unfortunately, the code section you were cited for clearly states:

In no event shall such movement be made by driving off the paved or main-traveled portion of the roadway.

I think you're stuck with this one

 

[danf72]

Unfortunately, the code section you were cited for clearly states:

In no event shall such movement be made by driving off the paved or main-traveled portion of the roadway.

I think you're stuck with this one

Ok. Thanks a lot for the reply. I guess "main-traveled portion of the roadway" doesn't include the shoulder even if it's really wide and even if I was only half way on the shoulder for only half a second. Oh well.

I will look for the closest comedy traffic school to attend.

 

[HighwayMan]

The fact that traffic was not flowing fast enough for you (and for others) is no justification for driving off the roadway and on the shoulder.

It sucks that you got stopped and not the other guy, but hey, that's how life works sometimes.

 

[Zigner]

Ok. Thanks a lot for the reply. I guess "main-traveled portion of the roadway" doesn't include the shoulder even if it's really wide and even if I was only half way on the shoulder for only half a second. Oh well.

even if...

 

[I_Got_Banned]

I guess "main-traveled portion of the roadway" doesn't include the shoulder even if it's really wide and even if I was only half way on the shoulder for only half a second.

Yeah... that's what the WHITE line is for...

I will look for the closest comedy traffic school to attend.

There's nothing FUNNY about spending 8 hours listening to bunch of stale jokes... I would check with the courthouse to see if they allow an online traffic school option (most counties do, others don't, yet others will reuire a proctored exam before the certificate is issued). I remember from a few years ago when I did that... finished it in less than an hour.

Although there is still some value to spending an 8 hour class brushing up on the rules of the road.

 

[Zigner]

Yeah... that's what the WHITE line is for...


There's nothing FUNNY about spending 8 hours listening to bunch of stale jokes... I would check with the courthouse to see if they allow an online traffic school option (most counties do, others don't, yet others will reuire a proctored exam before the certificate is issued). I remember from a few years ago when I did that... finished it in less than an hour.

Although there is still some value to spending an 8 hour class brushing up on the rules of the road.

You didn't finish in an hour in California. The programs are designed to force you to wait. Basically they are broken up in to chunks with quizzes in between. You can't take the quizzes back-to-back...you have to wait the amount of time they figure it takes to finish the prior chunk.

 

[I_Got_Banned]

You didn't finish in an hour in California. The programs are designed to force you to wait. Basically they are broken up in to chunks with quizzes in between. You can't take the quizzes back-to-back...you have to wait the amount of time they figure it takes to finish the prior chunk.

Zigner, I did 2 Sessions (20 to 30 minutes ea.) on 2 consecutive days (during my lunch hour... I would run out, grab something to eat, run back to the office and log in)...

Started reading each section but then realized I didn't have to read the material... Only scroll to the bottom of each page and click to the "Next" page after page, when I would get to the Quiz link, I'd answer the questions, click on "Next".

Like I said, this was a few years back (November of 2003, if I remember correctly)... If things have changed since, I couldn't tell you!

 

[CdwJava]

My wife did it in several sections and probably did it in less than 8 hours overall, but I don't recall as she did a few minutes at a time over a long period. She finished the test pretty quick ... and tried to bribe me into taking it for her ... but, I didn't succumb to her feminine wiles - at least not for the test.

 

[Zigner]

Zigner, I did 2 Sessions (20 to 30 minutes ea.) on 2 consecutive days (during my lunch hour... I would run out, grab something to eat, run back to the office and log in)...

Started reading each section but then realized I didn't have to read the material... Only scroll to the bottom of each page and click to the "Next" page after page, when I would get to the Quiz link, I'd answer the questions, click on "Next".

Like I said, this was a few years back (November of 2003, if I remember correctly)... If things have changed since, I couldn't tell you!

EXACTLY - you did NOT finish in an hour. You finished in a bit over 24 hours.

One CANNOT sit down for 1 hour and finish the courses. It just ain't gonna happen.