§ 545.058. DRIVING ON IMPROVED SHOULDER. (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.
Why doesn't Reed Bates operate his vehicle on the shoulder? Because it's not really legal (ed. error... see comments below). He would have to be constantly moving on and off it, like Barry Sanders running through a defensive secondary. In Bate's case, they'd probably arrest him for it.
Besides, read the operating intent of an improved shoulder (1-7). Does that sound like a travel lane to you?
5 comments:
Your post is a little disingenuous when you leave off a portion of the law to suit your needs.
Although I am on your side in the argument, you do no favors by telling half truths:
(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.
Yes a bicycle MAY ride on a shoulder, they are not REQUIRED to ride on the shoulder
billyptx said...
"Your post is a little disingenuous when you leave off a portion of the law to suit your needs."
Thanks. I was only quoting subsection (a) for the operational characteristics. The Ennis police might still arrest Reed for that, as their Vehicle Code omitted the part about below 14' lane widths, so they might not have the 1995 Rev. But you are right, it does allow continuous operation on the shoulder. My error, but not a disingenuous one, simply oversight.
Here's the section in full:
§ 545.058. DRIVING ON IMPROVED SHOULDER. (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.
I find it particularly interesting that Sgt. Pillow claimed the shoulder was actually a bike lane. I wonder, what does it take to official designate something as a bike lane?
Could Ennis simply deploy some paint and signs to force cyclists to ride there?
Just doing some crazy thinking, if Sgt Pillow's claims that the shoulder is a bike lane couldn't we use the same logic to keep the Ennis police on the shoulder when they are on patrol?
The assertion that the shoulder constitutes a bike lane does not conform to TxDOT design standards for such facilities. The Texas Department of Transportation has stated that bike lanes must adhere to Guide for the Development of Bicycle Facilities, which defines a "bicycle lane ... as a portion of a roadway which has been designated by striping, signing and/or pavement markings for the preferential or exclusive use of bicyclists."
Note also that the Texas Transportation Code defines a roadway as "the portion of a highway, other than the berm or shoulder, that is improved, designed, or ordinarily used for vehicular travel."
The Shoulder is defined as "the portion of a highway that is adjacent to the roadway; designed or ordinarily used for parking; distinguished from the roadway by different design, construction, or marking; and not intended for normal vehicular travel."
Ergo, regardless of what the Ennis officer states, competent legal counsel will argue that the police cannot define the shoulder as a bike lane, since it is not part of the roadway and is not designated as such by signage or on-street ideograms. Only a portion of the roadway, proper, can be defined as a bike lane.
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