Q: Recently I was pulled over after I drove on the shoulder when I got stuck in a border lineup on the truck route. I was given a warning and was told that it is illegal to drive on the shoulder, even if it is to avoid being stuck in a lineup to a location that I am not going to. Blaine and other border towns frequently have long lineups not just on the state routes or Interstate, but on local roads next to schools, shopping and businesses. If you get stuck you cannot do a u-turn to escape. What is the law about using the shoulder of a road? Is there any accommodation to local residents who are not intending to go across the border?
A: As someone who encounters border lineups fairly frequently, I wish I could say there was a way to sneak past them when I’m not headed out of the country. Alas, the law has no provisions for the locals just trying to get home. (Well, maybe one. We’ll get to that later.)
The Revised Code of Washington (RCW) has several laws that apply to driving on the shoulder of the road. The most broad one is titled, “Driving with wheels off roadway”. That sounds like it might apply to back country off-roading, unless you already know the legal definition of “roadway”. Within the context of the law, a roadway is defined as “that portion of a highway . . . ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder . . .” Simply, it’s the space between the fog lines. With a clear understanding of what a roadway is, the title of the law pretty much explains it. But I’ll say it anyway: Driving on the shoulder is not allowed (with the exception of the driving involved in pulling off the road to stop, or pulling back onto the roadway.) On a side note, not to criticize how our laws are written, but check out a bit of unusual wording in the RCW: It is unlawful to drive “with one wheel or all of the wheels off the roadway.” Does that mean you’re okay if you have two or three wheels off the roadway? I’m guessing not.
There is also a law about passing other vehicles on the right. It lists a couple of situations where it’s legal to pass on the right (when the car in front of you is making a left turn; when there are two or more traffic lanes in the same direction), and then includes this modifier: “Such movement shall not be made by driving off the roadway.” Once again, the shoulder is a no-go.
In an effort to be comprehensive, I’ll mention one other law about driving on the shoulder (even though it isn’t relevant to the original question); this one offers a provision for slow-moving vehicles to drive on the shoulder and let other drivers pass. This option is limited to areas where the shoulders are improved and signs mark the beginning and end of the area where it’s okay to use the shoulder.
Now for the one possible option to escape the line-up: a u-turn. In your question you mentioned that you couldn’t do a u-turn; if the line-up is two lanes wide and you’re in the right lane, you’re correct (and very stuck). However, unless posted otherwise, u-turns are legal as long as (to quote the RCW), “such movement can be made in safety and without interfering with other traffic.” If you have good visibility and see an opening in oncoming traffic, it’s legal to make a u-turn and pick a different route home.
Thank you for another informative and entertaining post. Please follow it up by addressing the following situations, and applicable traffic laws, if any, for the edification of motorists and bicyclists alike and the safety of bicyclists in driving situations that are unsafe, and that I understand are, more importantly, ILLEGAL but that many motorists choose to violate or appear NOT to be aware of or bother to comply with or obey such law(s): (1) driving inside a bicycle lane (using the bike lane like a passing lane) to pass a motorist on the right, usually to pass a motor vehicle stopped in the roadway waiting for oncoming traffic to clear in order to make a left turn where there is no left turning lane present or provided. This frequently occurs in Bellingham on southbound S. State St. approaching Fairhaven at the 13th and 14th St. intersections. On my daily rides through this zone, I have had many near misses with motorists executing (while I am present bicycling in the adjacent bike lane) this illegal maneuver and consequently forcing me to employ emergency avoidance maneuvers (veering hard to the right out of the bike lane and/or employing hard, emergency braking) to avoid collision as the passing motor vehicle crosses into and drives in the bike lane using it as a passing lane. Woe is to less experienced or young (children) bicyclists in these hazardous situations. To add more concern and frustration, local traffic authorities / city police also appear to be ignorant of the law, or place it low on their traffic infraction priority scale as I have observed on at least 2 such occasions the presence of a police cruiser that clearly had the opportunity to witness such events and in which no stop of the violating motorist was attempted or conducted. Follow up phone call reports by me to the police (complete with identifying vehicle and driver description and licence plate numbers) in the past does not appear to be resolving the problem; (2) I am pretty certain that it is illegal in WA State for motorists to (A) overtake and pass on the left another motor vehicle travelling in the same direction on a two-lane roadway (one lane for each direction) WHEN BICYCLISTS ARE PRESENT (my emphasis) or (B) a motorist to pass just bicyclists themselves present (either riding in the same or opposing direction of travel of the passing motorist) when oncoming motor vehicle (or bicycle traffic alone) is present. Please address this law and clarify the meanings of “when bicyclists are present” in (a) terms of distances from the passing maneuver zone, (b), in which direction of travel by the bicyclists this law applies (one or both directions?), (c), if the law applies also to 3 lane (center left turn lane or 2 lanes in one direction and one in the opposite direction) or 4 lane roadways, (d), if it applies when bicyclists are riding inside the traffic lane proper (inside/to the left of the fog line) for whatever reason (no or inadequate shoulder width space to safely share the road with passing motorists) to avoid hazardous obstacles or conditions in the shoulder or bike lane (due to the presence of various hazardous conditions such as loose debris: broken glass, rocks, loose dirt or gravel, broken, heaved, potholed or uneven grade of surface or width of shoulder and (e), if it applies only when bicyclists are moving/pedaling along the roadway vs. stopped along the roadway (for various reasons…mechanical breakdown, rest, etc). If this law exists, it is commonly violated all along pretty much the entire length of State Highway 20 in both directions between Sedro Woolley and Winthrop. This is very unfortunate and potentially dangerous as this area is part of one of the nation’s, if not the world’s, most popular cross-state and cross-country long-distance bicycle touring routes. Vehicle speeds are often high with poor sight distances around bends in the roadway, motor vehicle traffic volumes can also be high and bicyclists are often laden with heavy loads which can make slow speed climbing as well as high speed descents precarious and unsafe (due to uneven, irregular, unpredictable and often non-existent shoulder space) forcing bicyclists into the traffic lane proper. Add to this deadly mix the majority of motorists failing (for whatever reasons: ignorance of or flouting of the law) to obey said law(s). Thank You
So how does one handle the following: Exiting NB on the Ohio / State St exit and wanting to turn right at the stoplight onto Ohio St. I am in the proper lane (there is only one) with my right hand turn signal on and cars are pulling onto the shoulder beside all the other cars to make the right hand turn because they don’t want to wait their turn in line…Grrr…How do I turn right?