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Old 08-30-10 | 04:42 PM
  #23  
njkayaker
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From: Far beyond the pale horizon.
Originally Posted by dougmc
Temporary conditions that may come up again and again and again.
But none of them is "travelling".

Originally Posted by dougmc
A truck with a big load or somebody who just doesn't want to or can't drive fast for whatever reason may end up spending more time driving on the shoulder letting people pass than actually driving on the road -- and the law fully supports this. With the right vehicles or drivers, it's absolutely not a very temporary thing -- it's business as usual.
While it kind of depends on what TX means by "improved" in the "DRIVING ON IMPROVED SHOULDER" law, shoulders are typically not engineered to be regularly used by heavy trucks.

Originally Posted by dougmc
I've seen some people just spend all their time on the shoulder going 40 mph as everybody passes at 55+ mph, for as long as they were in my sight. And this is considered courteous driving, and is legal as well!
No, it's technically illegal if it was considered using the shoulder for "travelling". People speed too without getting tickets. That doesn't mean that speeding is legal.

Originally Posted by dougmc
No idea about other states, but Texas seems to be an exception to your claim that "No state allows cars to drive (travel) on the shoulder" -- because Texas does, as long as they're being passed, and if they're going slow and traffic is heavy -- they're always being passed.
You seem to be suggesting that using the shoulder as a normal traffic lane for normal driving is legal. That is false in TX and false in every other state. Only bicycles can use the shoulder as a "normal" place for travel.

Keep this law in mind too:

http://www.statutes.legis.state.tx.u...45.htm#545.051

Sec. 545.051. DRIVING ON RIGHT SIDE OF ROADWAY. (a) An operator on a roadway of sufficient width shall drive on the right half of the roadway, unless:
(1) the operator is passing another vehicle;
(2) an obstruction necessitates moving the vehicle left of the center of the roadway and the operator yields the right-of-way to a vehicle that:
(A) is moving in the proper direction on the unobstructed portion of the roadway; and
(B) is an immediate hazard;
(3) the operator is on a roadway divided into three marked lanes for traffic; or
(4) the operator is on a roadway restricted to one-way traffic.
(b) An operator of a vehicle on a roadway moving more slowly than the normal speed of other vehicles at the time and place under the existing conditions shall drive in the right-hand lane available for vehicles, or as close as practicable to the right-hand curb or edge of the roadway, unless the operator is:
(1) passing another vehicle; or
(2) preparing for a left turn at an intersection or into a private road or driveway.
(c) An operator on a roadway having four or more lanes for moving vehicles and providing for two-way movement of vehicles may not drive left of the center line of the roadway except:
(1) as authorized by an official traffic-control device designating a specified lane to the left side of the center of the roadway for use by a vehicle not otherwise permitted to use the lane;
(2) under the conditions described by Subsection (a)(2); or
(3) in crossing the center line to make a left turn into or out of an alley, private road, or driveway.

Last edited by njkayaker; 08-30-10 at 05:01 PM.
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