Originally Posted by
njkayaker
But none of them is "travelling".
Well, except for those that are.
Tell you what -- you keep saying that they can't do that, and they'll keep doing it, and the cops will keep generally not ticketing for it.
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.
I was thinking more of light trucks with a big load -- somebody moving with a truck bed full of stuff barely strapped in so they keep their speed down, for example. But the law doesn't say anything about big trucks vs. light trucks on that shoulder, so people will do what they can get away with, whether it damages the road or not. If their big, heavy truck can't go over 40 mph, they'll drive in the shoulder to let people pass them too. And people will flash their lights to thank them!
No, it's technically illegal if it was considered using the shoulder for "travelling".
OK, if you say so, but that's not what the law says. The law says you can't drive on the improved shoulder except under these circumstances ...
People speed too without getting tickets. That doesn't mean that speeding is legal.
Yes, but cops ticket for that. If you're in Texas and driving on the right shoulder and traffic is passing you, you're almost certain to not a get a ticket for that, as the law permits it. And on the off chance that a cop does stop you for it, he's likely to just tell you not to do that.
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.
Well, bicycles are one of *three* exceptions in the law, with the others being authorized emergency vehicles on a call and police patrols. Police patrols (like bicycles) can use the shoulder for regular travel if they see fit -- though hopefully they don't do so on a regular basis.
... and normal motor vehicles can do so if they moving slowly and allowing other vehicles to pass them. It's considered polite, and quite commonly done once you get out of the cities. Drive friendly, the Texas way!
OK, but Texas doesn't consider the shoulder to be part of the roadway.
Ultimately, my point was that your all-encompassing declaration was incorrect, and I've shown that. You can quibble about what you meant, and that's fine, but taken literally as written it was incorrect, at least in Texas. And so, if you're riding your bicycle in the shoulder, you may very well encounter some motor vehicles in that same shoulder, parked and moving, that are there legally as well. And they may not be expecting other (even more slowly moving) traffic there, so they may be somewhat of a danger for you. A mirror might be wise, to help you see traffic coming up behind you. (You may hear them, but you may think they're in the traffic lane, not in the shoulder with you, unless you see them.)