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BobT

? for Cliffy or any other L.E. officer

8 posts in this topic

Admittedly, one of my pet peeves on the roadways is when I see someone passing on the shoulder. It's even worse when they do it at a crossroad. Not only is this extremely dangerous but totally illegal. I honestly believe that I could almost earn a living working on commission from citations I could issue just driving back and forth to work every day was I to be empowered to do so.

Anyway, I needed to get that off my chest first. Here's my question.

As I leave Alexandria heading east on state highway 27 and near Lake Victoria there is a road that approaches on the left. This is not a crossroad. On the right side of the road as you approach this intersection there is a sign that states "bypass lane." Funny thing is, the white paint on the road edge does not indicate a passing lane. There was a time when it did with the dashed lines and lane markings but over time the dashed lines have been replaced by a solid white line and the lane markings have faded into oblivion.

Which is correct? Is this a legal passing lane or not?

Bob

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Hi Bob:

I gotta be honest, I dont know the answer to your question. If I understand your question correctly, there is signage that does not match the road markings? I would assume a person would have a good argument either way...very confusing and dangerous.

I wish I could be more help....this seems to be a question better suited for those that work the open roads...such as Deputies or the Maroon Goon squad (Troopers).....or you might just give the Douglas County highway department a call....

Sorry I couldnt be more help.

Cliffy

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I was always told the markings (paint) told the story. The signage was just to help Identify what you saw on the road. When in doubt.... DONT CROSS THE WHITE LINE.

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Ask a Trooper - Andy Schmidt - Fergus Falls Daily Journal article

http://www.fergusfallsjournal.com/news/2008/aug/23/ask-trooper/

Question: On our commute back home in rural Clay County, many people whiz by us on the right shoulder because they are too impatient to wait for us to finish our left turn.

Is it ever legal to pass someone on the right, using the shoulder, when they are slowing down to make a left turn?

Answer: According to MN statute 169.18 sb 4 “The driver of a vehicle may overtake and pass upon the right of another vehicle only upon the following conditions:

(1) when the vehicle overtaken is making or about to make a left turn;

(2) upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles in each direction;

(3) upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles;

(4) when the driver of a 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 onto the shoulder, whether paved or unpaved, or off the pavement or main-traveled portion of the roadway.”

A note from Trooper Andy here: Above it states that passing on the right may be done “only upon the following conditions.”

It did not say upon one of the following conditions, so to me that means all of the specified conditions must exist and not just one of them.

Now I added the emphasis to the last sentence to help make it clear that “NO,” it is not legal to use the shoulder to pass another vehicle on the right-hand side.

Now at some locations MNDot has painted in another lane on what used to be the shoulder. That is now a lane and not the shoulder and the purpose was to allow the pass at that location.

So the short answer to your question is, “no,” we may not use the shoulder to pass someone on the right side.

If you have any questions concerning traffic related laws in Minnesota send your questions to Trp. Andy Schmidt- Minnesota State Patrol at 1000 Highway 10 West, Detroit Lakes, MN 56501-2205. Or reach me at, andrew.schmidt@state.mn.us

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See, what did I tell ya....A brother in maroon with the funny hats have all the answers. I know Andy...been in a few of his classes in the past...good guy.

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It always gets tricky for me, when the second car stops behind the left turn vehical. Can the third car pass the waiting car if all the other conditions are met?Hans

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Bob T, I think you there just got up in a job not finished or a job done incorrectly. Either the sign has to be taken down or the line has to be painted correctly to honer what the sign says.

I hate it also when people pass on the shoulder. To add to that I hate it when they pass you on the right turn lane

witch is also illegal, sometimes I just want to turn the vehicle into them.

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Using the right turn lane is even more dangerous than just using the shoulder because there could be someone in the on-coming lane preparing to turn left and this would put them crossing in front of the passing vehicle. I shudder every time I see this. It not only engangers the life of the passer but the lives of all of the other drivers/riders in the vicinity.

Bob

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