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If a vehicle is turning left at an intesection can you pass, crossing the shoulder/edge line in NYS?

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posted on Mar, 3 2016 @ 11:16 AM
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Hi ATS,

I recently went to a driving course in NYS. At one point we discussed, "If a vehicle is turning left at an intersection can you pass on the right, crossing the shoulder/edge line?" This seemed to create some controversy. The instructor said it is legal but may be a safety issue. Other than the numerous safety issues, I disagree with the instructor that it's legal for a few reasons. My first reason for disagreeing is listed in bold below. The following information is from the NYS DMV

Chapter 6: Passing

How to Pass on the Right

You can normally pass other vehicles on the left, some situations allow you to pass on the right. You can pass a vehicle on the right only in the conditions listed below, and only if you can pass safely. You can not drive on or across the shoulder or edge line of the road unless a sign allows it or when indicated by a traffic officer.
This is where it gets confusing, the instructor said it is legal because the next sentence says

You may pass on the right:

When a vehicle ahead makes a left turn

Chapter 5: Intersections and Turns

Right-of-Way

Example: You approach an intersection. The traffic light is green and you want to drive straight through. Another vehicle is already in the intersection making a left turn. You must let that vehicle complete its turn before you enter the intersection.

Chapter 4: Traffic Control

Pavement Markings

Edge and Lane Lines

Solid lines along the side of the road tell you where its edge is - where the travel lane ends and the shoulder begins. It is illegal to drive across the edge line, except when told to by a police officer or other authorized official or when allowed by an official sign.

New York State Vehicle and Traffic Law - Article 25 Section 1123(B)

The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the pavement or main-traveled portion of the roadway

By definition, the shoulder is not part of the roadway, as it is not considered the “main traveled portion of the road.”

Legal or not the instructor never said that you should slow down if you attempt to pass using the paved shoulder and you should not pass at an intersection if there is a motorist attempting to turn left in the opposite lane of traffic.

My questions for ATS, In NYS is it legal or not? Do you do it? Or in general what are your thoughts? Feel free to elaborate if you have any experience or insight for me.
Thanks in advance

edit on 3-3-2016 by gmoneystunt because: (no reason given)

edit on 3-3-2016 by gmoneystunt because: (no reason given)




posted on Mar, 3 2016 @ 11:25 AM
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I dunno about NY, here in Ca. you can pass on the right if its 'paved'. In other words, on an unimproved 'soft' shoulder, you can't pass. Because the soft shoulder could present a safety issue.

edit on 3-3-2016 by intrptr because: spelling



posted on Mar, 3 2016 @ 11:28 AM
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It's definitely not legal here. I don't know why NY would confuse the issue. These practices should be universal, most other states do not allow it and someone doing it will get a ticket. Also it is up to the interpretation of the officer who pulls you over there so I wouldn't do it anyway. It will cost you money to fight it in court, either way it goes, you are the looser. Maybe you say you will have to defend yourself, but you lose wages when you are in court.



posted on Mar, 3 2016 @ 11:34 AM
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Your instructor is an idiot. The passing on the right part probably denotes an extra lane available to do so. Also the example you give on the intersection is for traffic coming from any other direction, left, right or oncoming making a left turn already in the intersection, not the vehicle you are behind.

What you're describing is not legal anywhere in the US on a two lane road, unless the lane is obstructed by an immobile object.



posted on Mar, 3 2016 @ 11:39 AM
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a reply to: gmoneystunt

I got a ticket for passing on the right even though I was within the boundaries of the lane due to my narrow car. Officer said cannot have two cars sharing a lane as his position.



posted on Mar, 3 2016 @ 11:46 AM
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Jeez, what a nanny state.



posted on Mar, 3 2016 @ 11:48 AM
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I think it really depends on the situation. If the road is paved, level, etc and you can clearly pass in a safe manner, I think 9 out of 10 drivers are going to pass regardless of what the wording of the law states.

Of course, the problem is always that you have some idiots who would do it when it isn't safe, but that is always up to interpretation.

Passing on the right here in Chicago is local sport. People pass on the right in the parking lane to cut lines of backed up traffic. It drives me insane because they always then want to try to merge back over when the right is blocked by a parked car instead of just being patient like everyone else. Then they try to drag race you off the line at a green light to cut back over.

The one that really drives me crazy though are people who make a right turn in front of a stopped bus. A bus will be stopped at corner. On the back of a bus, it clearly says turning right in front of a stopped bus is illegal, but people do it anyway. It is very dangerous as you cannot see around the bus and also the bus driver sometimes does not know the driver is going to cut over in front of it to turn once the bus starts pulling off.
edit on 3-3-2016 by Edumakated because: (no reason given)



posted on Mar, 3 2016 @ 11:50 AM
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a reply to: gmoneystunt

I've asked a bunch of local PD friends here, on Long Island, and every one of them has said that it IS legal.



posted on Mar, 3 2016 @ 11:52 AM
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a reply to: Edumakated




I think it really depends on the situation

Or the cop that pulls you over .



posted on Mar, 3 2016 @ 11:54 AM
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originally posted by: ilikebooze
a reply to: Edumakated




I think it really depends on the situation

Or the cop that pulls you over .


I think most cops have better things to do unless the driver is clearly doing it in an unsafe manner.



posted on Mar, 3 2016 @ 12:03 PM
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NOT legal in WA. I got stopped for this very issue. Didn't get cited. Officer said many people are unaware and was actually very nice to me. People do it all the time, of course.



posted on Mar, 3 2016 @ 12:03 PM
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a reply to: Edumakated

If the cop considers it "improper passing" its 3 points. That would be the same as driving through a stop sign or driving the wrong way. About $150 not including driving school



posted on Mar, 3 2016 @ 12:27 PM
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People do it all the time in my town and it drives me crazy. Almost everytime I see someone pass on the right they end up cutting off or almost wrecking into another person turning left in the opposing lane. It's also illigal here and will get your pulled over. As previously state two vehicles can't share 1 lane.


a reply to: gmoneystunt



posted on Mar, 3 2016 @ 12:38 PM
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It is only illegal if you get caught and it really is a victimless crime. Kinda like driving on the sidewalk.



posted on Mar, 3 2016 @ 01:25 PM
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You can do anything if you don't get caught. I have bad luck so I learned to follow the law. Been stopped for passing on the right twice in my life. I got fixit tickets both times, it was good to have something wrong with your car in the seventies, you just had to fix it as punishment for doing something stupid.



posted on Mar, 3 2016 @ 01:31 PM
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originally posted by: chuckk
a reply to: gmoneystunt

I got a ticket for passing on the right even though I was within the boundaries of the lane due to my narrow car. Officer said cannot have two cars sharing a lane as his position.


Me too.

It is illegal and I have the ticket to prove it



posted on Mar, 3 2016 @ 03:32 PM
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oh good another 16 year old that thinks hes going to be the safest driver ever!!! and hold up traffic for the rest of the world... if someone is turning left and their is room, just friggin pass them.



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