Passing on the right violation

[mackdaddy]

I was recently cited for passing on the right here in the city and was wondering if anybody has successfully fought this offense and won by claiming lane sharing. Or is there any other defense I should consider?

 

[BURNROPE]

Tell the Judge you just got back from a long trip to England.

 

[rritterson]

We could probably be a lot more helpful if you provided more information. Your best bet is to post in the LEO forum, and look at the stickies at the top of that forum that ask for what information is required when posting.

With respect to your questions, I've never been cited for passing on the right.

 

[Spec-ECU]

I believe there's a difference between passing on the right side of a car when you're lane-sharing between two lanes, and passing on the right side of a single-lane stretch of road, freeway exit/entrance, or the right-most lane.

 

[DataDan]

Tell the judge you read on BARF that "lane sharing" between the rightmost traffic lane and the curb is completely safe and legal, so the cop is just an ignorant putz for ticketing you and oughta get hip to teh BARF.

 

[Mister Tee]

I was recently cited for passing on the right here in the city and was wondering if anybody has successfully fought this offense and won by claiming lane sharing. Or is there any other defense I should consider?

Yes. As long as you don't cross the marked traffic lane while you are lane sharing, you have not performed a pass for the purpose of either CVC 21750 or CVC 21754 (passing on the left and right, respectively.)

The intent of CVC 21754 is to establish conditions for using a right hand traffic lane and/or shoulder for overtaking another vehicle. The counter you can expect is whether you factually rode on the shoulder, or in the case of an unmarked shoulder (no fog line), what constituted the shoulder.

 

[planegray]

I don't think you can legally "lane share" unless you have two lanes going in the same direction

 

[kangaroo]

Did you go over the "shoulder" usually a white line on single laned roads? Did the cop observe you?

 

[Mister Tee]

I don't think you can legally "lane share" unless you have two lanes going in the same direction

Can you find the CVC reference for that?

 

[kangaroo]

I don't think you can legally "lane share" unless you have two lanes going in the same direction

The better question is:

Is it worth your time to spend take a day off work to argue a case in front of a judge and argue with a cop?


Legally you can argue where the shoulder was demarcated and that you did not pass the vehicle in the shoulder or bike lane or the dirt or on the curb. But a jackass move by the leo still costs you money. Even cyclists can be cited for riding on the right side of the white line on rural roads.

 

[monstermonster]

I got that same ticket in SF. So has DucatiHoney IIRC.

I didn't argue lanesharing (because I technically wasn't). I argued that I was making a right hand turn (which I was and did).

 

[Entoptic]

Can you find the CVC reference for that?

Passing on the right is illegal. The reason behind that is because the right side of the road is for emergencies. I was pulled over for this and the cop (Mr. Anderson) was nice enough to have an educational discussion with me about why it is illegal and what could happen if I was hit by a vehicle.

Look at it this way. You shouldn't be doing stuff like that and the cop busted you. You can agrue it all you want but the cop at any moment can request to change the citation and your screwed.

V C Section 21754 Passing on the Right
Passing on the Right
21754. The driver of a ( ) vehicle may overtake and pass to the right of another vehicle only under the following conditions:
(a) When the vehicle overtaken is making or about to make a left turn.

(b) Upon a highway within a business or residence district with unobstructed pavement of sufficient width for two or more lines of moving vehicles in the direction of travel.

(c) Upon any highway outside of a business or residence district with unobstructed pavement of sufficient width and clearly marked for two or more lines of moving traffic in the direction of travel.

(d) Upon a one-way street.

(e) Upon a highway divided into two roadways where traffic is restricted to one direction upon each of such roadways.

The provisions of this section shall not relieve the driver of a slow moving vehicle from the duty to drive as closely as practicable to the right hand edge of the roadway.

Amended Sec. 39, Ch. 491, Stats. 2010. Effective January 1, 2011.
The 2010 amendment at the point(s) indicated, deleted the following “motor ”

 

[Flying Pig]

I don't think you can legally "lane share" unless you have two lanes going in the same direction

There are no legal definitions on sharing lanes for us motorcycle riders. But there's no written law in our lovely state prohibiting it either arty
Feel free to prove me wrong

But as OP found out, there can be other things cited just as easily.

 

[Mister Tee]

Passing on the right is illegal. The reason behind that is because the right side of the road is for emergencies.

The area to the right side of the road is for emergencies yes. But not the right side of a single traffic lane. You can be anywhere within that traffic lane you want.

 

[planegray]

There are no legal definitions on sharing lanes for us motorcycle riders. But there's no written law in our lovely state prohibiting it either arty
Feel free to prove me wrong

But as OP found out, there can be other things cited just as easily.

I was thinking of this (below), but hmmmm, maybe not applicable here

Okay, we have been over this like 1001 times.

The correct term for what you are talking about is LANE SHARING. There is a difference between splitting and sharing.

All states that I am aware of that have a law prohibiting this act title it (and describe it) as lane sharing. We are lucky that in CA, we do not have a law prohibiting lane sharing.

If you are sharing the lane with one of the vehicles and doing so safely, it is legal in CA in illegal in states such as Hawaii and Washington. If you are straddling the lanes in the process (not entirely within one lane), it is illegal in CA as lane straddling is specifically prohibited by the CVC as it is in most all states and countries.

You will not find "lane splitting" addressed in CA law. Just straddling.

Unfortunately, many cops confuse splitting with straddling and I think most riders don't understand the technical difference between lane sharing, lane straddling and lane splitting. If people would stop calling the act "lane splitting" and started consistently calling it "lane sharing," it may cut down on the confusion.

The important thing to understand is that there is a law in CA prohibiting straddling lanes (21658(a) CVC). There is no law specifically allowing or prohibiting lane sharing in CA. If you are cited, it will likely be for lane straddling, unsafe lane change, unsafe passing, speeding or maybe reckless driving. The officer would need to settle on whatever violation s/he felt was most appropriate, based upon what s/he observed.

For reference:
CVC 21658. Whenever any roadway has been divided into two or more clearly marked lanes for traffic in one direction, the following rules apply:
(a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety.
(b) Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of the traffic device.

 

[mackdaddy]

This was in San Francisco, on 9th Ave, with single lanes in each direction. There was a car stopped at a stop light, 12 - 15 back from the white line. To the right was a bus stop. I shared the lane, to the right of the stopped car and stopped before the white line in front of the stopped car to wait for the light to change.

I was just wondering whether anyone used this defense before and if so, had any luck. I'll repost in the LEO forum to see what the experts say.

Thanks

 

[Entoptic]

The area to the right side of the road is for emergencies yes. But not the right side of a single traffic lane. You can be anywhere within that traffic lane you want.

Did you even read the rest of my post? The part that points out that it is illegal unless certain conditions apply.

 

[SlideSF]

This was in San Francisco, on 9th Ave, with single lanes in each direction. There was a car stopped at a stop light, 12 - 15 back from the white line. To the right was a bus stop. I shared the lane, to the right of the stopped car and stopped before the white line in front of the stopped car to wait for the light to change.

I was just wondering whether anyone used this defense before and if so, had any luck. I'll repost in the LEO forum to see what the experts say.

Thanks

I do that all the time. But I never do it in sight of the police. Whether you consider it ok or not, if there is even a possibility that you might get cited, don't do it in front of the cops. This may seem hypocritical to some, but it has kept me from having to deal with tickets and court dates and such for a long time.

And if I got a ticket, I would just take my medicine and pay it.

 

[Flying Pig]

I was thinking of this (below), but hmmmm, maybe not applicable here

Yup.

You will not find "lane splitting" addressed in CA law. Just straddling.

So with that being said, it's going to be hard to prove that one was sharing lanes which is not defined (as legal or illegal).

If OP tries to fight it, they'll have to fight it on the CVC code cited... by the way, what was it that you were cited for?

Some codes are a bit more lenient in their verbiage than others.. 22349 vs 22350 comes to mind

 

[Sane_Man]

Passing on the right is illegal. The reason behind that is because the right side of the road is for emergencies. I was pulled over for this and the cop (Mr. Anderson) was nice enough to have an educational discussion with me about why it is illegal and what could happen if I was hit by a vehicle.

Look at it this way. You shouldn't be doing stuff like that and the cop busted you. You can agrue it all you want but the cop at any moment can request to change the citation and your screwed.

V C Section 21754 Passing on the Right
Passing on the Right
21754. The driver of a ( ) vehicle may overtake and pass to the right of another vehicle only under the following conditions:
(a) When the vehicle overtaken is making or about to make a left turn.

(b) Upon a highway within a business or residence district with unobstructed pavement of sufficient width for two or more lines of moving vehicles in the direction of travel.

(c) Upon any highway outside of a business or residence district with unobstructed pavement of sufficient width and clearly marked for two or more lines of moving traffic in the direction of travel.

(d) Upon a one-way street.

(e) Upon a highway divided into two roadways where traffic is restricted to one direction upon each of such roadways.

The provisions of this section shall not relieve the driver of a slow moving vehicle from the duty to drive as closely as practicable to the right hand edge of the roadway.

Amended Sec. 39, Ch. 491, Stats. 2010. Effective January 1, 2011.
The 2010 amendment at the point(s) indicated, deleted the following “motor ”

It's very dangerous to do if there are driveways or streets along your route. A quick way to T-bone a car. That's how a Barfer in Fairfield got killed some years back when he tried to pass a fuel truck on the right, which made a right turn in his path while pulling into a filling station.