Is driving on the shoulder always illegal?

Rules of The Road: Driving and Passing Traffic on The Hard Shoulder

Updated Nov. 12, 2019

Road shoulders are intended for emergency use only. In general, motorists should not drive on the shoulder unless it is necessary to avoid a collision or to remove a disabled vehicle from the roadway. The rules governing when and how drivers may use the shoulder of the roadway may vary from state to state. While the general guidelines below apply in most situations, it is vital to check your local driver’s manual for state-specific laws.

Rules for using shoulders on the right
Rules for using shoulders on the left
Passing traffic on the shoulder

Remember to activate your hazard lights when stopping a disabled vehicle on the road shoulder – even during the day.

Rules for using shoulders on the right

If the situation demands it and if it is safe to do so, a motorist may use the shoulder on the right side of the roadway to:

1

Park, stop or wait
2

Accelerate tomerge with trafficin the main driving lanes
3

Decelerate prior to turning
4

Allow other vehicles to pass
5

Pass another vehicle in the right driving lane that has stopped, is disabled or is making a left turn
6

Avoid a collision
7

Give way to anemergency response vehicledisplaying flashing lights and sounding a siren
8

Make room for acyclist
9

Follow instructions given by a traffic control device, police officer or another person authorized to direct traffic

Rules for using shoulders on the left

If using the shoulder is necessary, it is usually safer and more logical to use the shoulder on the right side of the street. However, exceptional circumstances may warrant the use of the left shoulder. For instance:

1

If you must remove your disabled vehicle from the roadway or pull over for another reason, yet traffic or road conditions prevent you from reaching the right-hand shoulder.
2

If using the left shoulder to avoid a collision.
3

To make space for an emergency response vehicle.
4

If directed to use the left shoulder by a traffic control device or authorized traffic control personnel.

Passing traffic on the shoulder

Motorists must never drive onto the road shoulder with the sole intent of passing another vehicle. Using the shoulder to pass is only permissible if remaining in the main driving lane would cause a collision; for instance, if the driver ahead of you stops suddenly and you do not have time to slow down to avoid hitting them.

Driving along the road shoulder to get ahead of slow or stopped traffic is illegal in every state. Do not be tempted to use the shoulder in this way, as it will aggravate and endanger other road users. Traveling in the shoulder to overtake other vehicles is considered reckless driving and could result in a serious ticket, points added to your license or a license suspension.

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Coordinating Traffic Flow

The term “traffic flow” describes the movement of traffic and interactions between individual travelers using the highway transportation system. In an ideal situation, traffic would flow in a continuous and orderly manner, to allow the maximum number of road users to move through a stretch of roadway in the shortest possible time.

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Communicating With Other Drivers

All drivers must learn to communicate with other motorists effectively, in order to keep the flow of traffic moving in a smooth and orderly fashion. You cannot control another driver’s actions but if they communicate their intentions, you can adjust your driving behavior to avoid conflicts and disruptions.

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Right-of-Way Rules

When a driver has right-of-way, it means they currently have permission to pass over a section of roadway. Whenever two motorists wish to occupy the same section of roadway at the same time, right-of-way rules will determine who goes first. Understanding and respecting right-of-way is essential, as it allows road users to avoid conflicts which could impede traffic flow or cause a collision.

Review

Rules of The Road 1 of 4

Rules of The Road

The evolution of the automobile has led to the rapid development of traffic laws and road rules over the past century, many of which are continually being adapted and fine-tuned to suit our nation’s ever-growing transportation system. Private vehicles like cars, light trucks, vans and motorcycles now account for 91 percent of all personal travel. Without rules of the road, the entire country would descend into chaos in a matter of hours.

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The Importance of Traffic Laws

Traffic laws dictate the speed you must travel at, the maneuvers you can make, where you can and cannot drive and how you must drive in certain situations. Many laws are constant, though there are others that apply only at certain times of day or times of the year.

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Basic Driving Rules

All drivers must be well-versed in basic traffic laws, as failure to abide by them will create dangerous driving situations and may result in a fine, penalty or suspension of your driver’s license. Traffic laws are not open to interpretation; the law is the law and must be followed to the letter.