Any one REALLY KNOW the law in TX??

[Mrs. CountryGuy]

I am gonna ask the question, and I hope a LOT of Texan liscensed MOCers will answer, do you know:::::?????

If you are on a 2 lane highway, with wide sides, IS it LEGAL to cross the solid white line that is painted there and run at any speed in that shoulder, and let others pass you in the roadway???

OKKK, I know it is custom?? BUT, is it Legal??

DOES anyone know the LAW?????

[hazmic]

It's against the law to run on the shoulder in TX just as in your state. I asked friends that are TX residents and he said that if in accident you would be liable and it is illegal to drive there. He use to do that and also was coming up with flat tires and when he stopped doing that also the flat tires stopped. He said it's illegal to drive on the shoulder. I have stopped doing that and now DW is a lot quieter going down the road.

[ols1932]

It is against the law to cross the solid white line. It is against the law to run on the shoulder. But being that I have my legal residence in TX, when I'm there I've seen many drivers violate this law. Don't take any chances. TX state troopers seem to come out of nowhere. There is no state income tax in TX so guess where the extra income comes from.

Orv

[Waynem]

I live in Texas. It is against the law. What you will see in the country is a courtesy of drivers to pull on to the shoulder while traveling at slower speeds to let you pass. I have done it, and I have done it when police have come up behind me. So far, no problem. I have never thought about the flats, and have never had one. We took Hanna up to the Guadalupe River in October and I ran the shoulder to let faster vehicles pass.

If you do decide to do it, make sure it is in the country, and be very, very careful of the bridges at washes and dry gullies. Those side rails close in mighty fast.

One other thing you will see in the Texas country side is when a funeral procession is approaching. Vehicles will pull to the side of the rode and stop. It is more of a sign of respect, but most funeral processions are escorted by motorcycle police. Their lights are on, and it is mandatory to pull to the road and stop for emergency vehicles. (Some just don't get it though)

You can get ticketed for shoulder riding and not stopping for emergency vehicles. It's the officers discretion.

Sometimes you win - sometimes you loose.

Edited for Phaat finger spelling

[stiles watson]

I agree, it is illegal. However, if traffic builds up behind you, it is proper to pull over on the shoulder and come to a stop and let the build-up pass you. It has been a long time, but I believe that procedure is also in the manual. Below is the only thing I could find readily from the manual.

PASSING ON THE RIGHT
In Texas and many other states, you may pass on the right only when conditions permit you to do so safely, such as:
1. The road is clear of parked vehicles or other things and is wide enough for two or more lanes in each direction.
2. You are on a one-way road.
3. You may pass on a paved shoulder when the vehicle you are passing is slowing or stopped on the main travelled portion of the highway, disabled, or preparing to make a left turn.
Do not pass on the right by driving off the paved portion of the highway.

The entire manual is available online by just searching for "Texas driving Manual".

[CmdrDewey]

Carol,

It appears to be permitted. See section (a) (5)of Subchapter B. I am not licensed to practice in Texas.

Statutes and Session Law
TRANSPORTATION CODE - TITLE 7. VEHICLES AND TRAFFIC
CHAPTER 545. OPERATION AND MOVEMENT OF VEHICLES
TRANSP. 545.058 DRIVING ON IMPROVED SHOULDER.
§ 545.058. DRIVING ON IMPROVED SHOULDER.

SUBTITLE C. RULES OF THE ROAD

SUBCHAPTER B. DRIVING ON RIGHT SIDE OF ROADWAY AND PASSING

(a) An operator may drive on an improved shoulder to the right of the main traveled portion of a roadway if that operation is necessary and may be done safely, but only:

(1) to stop, stand, or park;

(2) to accelerate before entering the main traveled lane of traffic;

(3) to decelerate before making a right turn;

(4) to pass another vehicle that is slowing or stopped on the main traveled portion of the highway, disabled, or preparing to make a left turn;

(5) to allow another vehicle traveling faster to pass;

(6) as permitted or required by an official traffic-control device; or

(7) to avoid a collision.

(b) An operator may drive on an improved shoulder to the left of the main traveled portion of a divided or limited-access or controlled-access highway if that operation may be done safely, but only:

(1) to slow or stop when the vehicle is disabled and traffic or other circumstances prohibit the safe movement of the vehicle to the shoulder to the right of the main traveled portion of the roadway;

(2) as permitted or required by an official traffic-control device; or

(3) to avoid a collision.

(c) A limitation in this section on driving on an improved shoulder does not apply to:

(1) an authorized emergency vehicle responding to a call;

(2) a police patrol; or

(3) a bicycle.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

[Charlie]

My understanding of the law that it is illegal to drive on the shoulder but allowing others to pass would be OK as indicated in the article below from the Houston Chronicle.

Oct. 15, 2006, 9:24PM
MOVE IT!
Few exceptions to rule on driving on shoulder


By RAD SALLEE
Copyright 2006 Houston Chronicle

"Please help me understand what appears to be a conflict between a road sign I see along the highway and a state traffic law," writes Ken Moore of Alvin.

"I frequently see the sign, 'Do Not Drive on Shoulder,' " he said. "Does this sign override Texas Transportation Code, Section 545.058, or does it mean 'Don't drive on the shoulder except in those conditions listed by this law?' "

Moore needs to know because he teaches a driver safety class.

Driving on the shoulder is forbidden except for the instances listed in the code, which the driver must be able to perform safely: Allowing slower vehicles to turn right without having to slow to a near-stop in front of moving traffic, allowing vehicles to gather speed before entering the roadway, and allowing another driver to pass. All three of these examples are often seen on two-lane rural roads.

The left shoulder on a divided highway is more dangerous, so the rules are tighter: You can use it to avoid a collision and to come to a stop after blowing a tire or having engine trouble — but only if you can't safely get to the right shoulder.

But those exceptions do not apply where a sign specifically says otherwise, said Tela Mange, Department of Public Safety spokeswoman.

That prompted Moore to ask a follow-up: "Why is the 'Do Not Drive on Shoulder' sign posted when there is a wide, smooth, paved shoulder?"

Sign placement is up to the Texas Department of Transportation, and local TxDOT traffic engineer Stuart Corder says the signs are not used often.

"When we do decide to use them it is usually after receiving a traffic concern from local law enforcement on a location where they have observed conflicts between motorists using the shoulder and those driving in travel lanes," Corder said

[SlickWillie]

quote:Originally posted by Charlie

My understanding of the law that it is illegal to drive on the shoulder but allowing others to pass would be OK as indicated in the article below from the Houston Chronicle.

Oct. 15, 2006, 9:24PM
MOVE IT!
Few exceptions to rule on driving on shoulder


By RAD SALLEE
Copyright 2006 Houston Chronicle

"Please help me understand what appears to be a conflict between a road sign I see along the highway and a state traffic law," writes Ken Moore of Alvin.

"I frequently see the sign, 'Do Not Drive on Shoulder,' " he said. "Does this sign override Texas Transportation Code, Section 545.058, or does it mean 'Don't drive on the shoulder except in those conditions listed by this law?' "

Moore needs to know because he teaches a driver safety class.

Driving on the shoulder is forbidden except for the instances listed in the code, which the driver must be able to perform safely: Allowing slower vehicles to turn right without having to slow to a near-stop in front of moving traffic, allowing vehicles to gather speed before entering the roadway, and allowing another driver to pass. All three of these examples are often seen on two-lane rural roads.

The left shoulder on a divided highway is more dangerous, so the rules are tighter: You can use it to avoid a collision and to come to a stop after blowing a tire or having engine trouble — but only if you can't safely get to the right shoulder.

But those exceptions do not apply where a sign specifically says otherwise, said Tela Mange, Department of Public Safety spokeswoman.

That prompted Moore to ask a follow-up: "Why is the 'Do Not Drive on Shoulder' sign posted when there is a wide, smooth, paved shoulder?"

Sign placement is up to the Texas Department of Transportation, and local TxDOT traffic engineer Stuart Corder says the signs are not used often.

"When we do decide to use them it is usually after receiving a traffic concern from local law enforcement on a location where they have observed conflicts between motorists using the shoulder and those driving in travel lanes," Corder said

That has been my understanding of the law. If I am going below the posted speed limit, and the shoulder is good, I will pull over. But if I'm running 70, there ain't no way. If I'm towing, I won't hit the shoulder at any speed.

Another situation in TX is left turns into a private road on a two lane highway. If you stop to turn left and are rear ended, you can be found liable for the accident. DW was involved in such an accident. She prevailed, but only due to a good attorney and the fact that she turned without stopping.

[sreigle]

We recently traversed north Texas on two way highways with those wide, smooth shoulder sufficient for our rig, including our Montana. There was no drop or rise or anything but a line to differentiate the shoulder from the driving lane. Thus, I did pull over several times to allow faster traffic to pass. However, I will NOT pull onto that shoulder when cresting a hill or when I'm likely to crest the hill before returning to the driving lane. I cannot see what's on the shoulder over the hill and I aint anxious to crest the hill to find someone pulled over with a flat tire. I pull over only when it is clearly safe to do so for the duration of time I will be on the shoulder.

[Mrs. CountryGuy]

First, I want to thank you all for some GREAT info and input!!

ComndrDewey, your disclaimer is duly noted, with a grin! Thanks!

OKKK, we arrived RGV tonight, and we are both tired, as we did 400 yesterday in the WIND and on 79, and we did 400 today, calm winds.

I have to say, that I was driving on 79 yesterday in the wind, and, I was not doing the posted 70 MPH limit, but I was doing between 60 and 67 most of the time.

Several times we had friendly Texans pass me, one time, about 5 of em passed me as we entered a village. They used the passing lane (one of three lanes at that point). Several of them went by at quite fast speeds, and a number of them granted me with wonderful Texan welcomes, HONKS galore! -- ok, I am being rather sarcastic.

One time 3 or 4 passed me at the same time and one of the friendly dudes even was sweet enough to show me what I was supposed to be doing, he passed, honked to get my attention, pulled wayyyyy off to the right, with blinker a blinkin away, and after running in the shoulder for a bit, he pulled back in the regular lane of traffic and sped off.

SOOO, have to say, that at this point we are going to seriously consider if we travel the same route down here. At this moment, have to say, this was a bit out of our comfort zone. Things like a car passing a truck COMING at me, and forcing me over to the far right, way pass the white line. Nope, I was not happy!! GRRRRR

So, we will contemplate what happened this year, and our reactions to it, and the law, and all your fine responses.

Again, THANK you soooooooooo much!!!!!!!!!!!!!!

[Charlie]

Now that you're in the RGV no need to worry about snow and ice for awhile. Glad ya'll made the trip safely.

Did you wave at the cowboy on the square when you passed through my old home town of Premont??

[Mrs. CountryGuy]

Not sure Charlie,

We were doing a lot of waving, near Ore City, near Ft. Wayne, IN., near Houston (well, not real close to Houston, but still waving!!)

Here is a wave for all those I missed:

WAVE!!!!!!!!!!!

[Waynem]

Carol,
Pay no attention to us Texas drivers. We all seem to be in a hurry to get nowhere. I have a sign on the back of Hanna that says, "I'm Retired - Go Around." Many do as you described and in doing so, indicate to me with one digit what their IQ is. As you also probably noticed, in the Cities of Texas, the automobiles/vehicles do not come with turn signals. One must pay close attention to the lanes next to them for that impromptu turn. Also, it appears to be alright to exit the freeway on the right from the left hand lane.

Glad you made it safely. Remember, if you don't like the weather in Texas, just wait 5 minutes.

[Mrs. CountryGuy]

Thanks Wayne

We see "Texas" drivers in every state! That one fingered salute is well used, eh???

Happy Holidays all, and again many thanks for the informative responses.

[simonsrf]

I also noticed strange driving habits in Texas.

Does it make sense to have U-turns every few miles on major interstates?

What's the deal with that?.....oops, I was going North, but now I want to go South??

Carol, in spite of the crazy drivers, the good news is that you made it safely. Merry Christmas.

[trukdoc]

I am a resident of Texas and will put in my two cents. It is illegle to DRIVE on the shoulder. It is also illeagle to impede traffic. So what to do. It is commonly accepted to use the shoulders to let others pass on two lane roads. However you are liable for an accident in the event of an accident. As far as legality goes you cannot DRIVE on the shoulder but can slow down and prepare to stop. Thus letting others by. I do it out of courtesy with the exceptions of bad weather and limited visibility or at night. At night I will find a place to pull over.

[Mrs. CountryGuy]

Thanks Robbie and Rick,

We have the little tree set up with all my cross stitched ornaments and tree skirt, I put 5 xmasy decorations on my nice shelf that Al made me here last year. We are setting up for our extended stay,

Tis the season to be jolly! We are safe, we are in Tana, one of our favorite things, good stuff.

[padredw]

Carol and Al, as you know from our emails, we were waving right back here in little ol' Ore City. Enough has probably been said about "driving on the shoulder" here in Texas, but the problem only arises because Texas has such wide level shoulders in the first place and people are tempted to drive over there. In some states to "drive on the shoulder" would put a Montana over on its side. So "don't drive on the shoulder" is the law, but the shoulder can be used by very slow moving vehicles (farm tractors and really slow Montana RVs) using great caution and common sense to allow backed up traffic to pass. That is NOT considered "driving on the shoulder", but a very specific exception for which the driver must take responsibility for a very brief time before returning to the normal traffic lane. If one is not totally confident that such an exception is safe, then don't worry about those impatient drivers behind. Smile as they go by later, not matter what signals they may give!

[Ozz]

Along this topic.. I have a problem here in South Padre with cars driving in my Bike Lane. It is signed and painted on the lane, they still drive in it, I have to really watch in my mirror for them. Many times I have had to ride up on the side of the street-sidewalk to get out of their way. Many will drive in the lane for a block before they turn into a parking place, or onto a street.
Probably the same thinking as pulling over to the right lane-Texas style.

[Icehouse]

Ozz, the bikelane is used like that here in Anchorage. I hate when we are sitting at a red light and these cars are trying to squeeze between the dually and the curb. Just wait your blessed turn already! Boils my blood. As for driving on the shoulder, I've not been to Texas yet, but I will NEVER, EVER, FOR ANY REASON drive on the shoulder of any road. I don't care if we have Elly Mae (our Montana) in tow or not. I have just as much right to use the ROAD as the fools who want to do 100 mph. Well, I feel better. Merry Christmas. Tammy