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re: Anyone know how Louisiana defines "Main traveled portion of roadway" and "passing"

Posted on 8/7/18 at 10:25 am to
Posted by bbrownso
Member since Mar 2008
8985 posts
Posted on 8/7/18 at 10:25 am to
Here's a bit from the LA DOTD (administrative code dealing with advertising):
LINK
quote:

Main-Traveled Way - the traveled way of a highway on which through traffic is carried. . . .


I presume your issue deals with LA R.S. 32:74:
LINK
quote:

§74. When passing on the right is permitted

A. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

(1) When the vehicle overtaken is making or about to make a left turn;

(2) Upon a one-way street, or upon a highway on which traffic is restricted to one direction of movement, where the highway is free from obstructions and of sufficient width for two or more lines of moving vehicles;

(3) Upon multiple-lane highways.

B. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main traveled portion of the highway.

C. This Section does not prohibit the use of a bicycle in a bicycle lane or on a shoulder.
This post was edited on 8/7/18 at 10:34 am
Posted by Placebeaux
Bobby Fischer Fan Club President
Member since Jun 2008
51852 posts
Posted on 8/7/18 at 10:27 am to
quote:

Alright, tell the truth. There was traffic and you took a little bit of the shoulder to get to that turn lane.


Yes I may have but I didnt pass anyone. I exited the road the car in front of me was on and never came back on the road the car was on. If I left the road, passed the car and then reemerged on the same road that would be passing.
Posted by BlackHelicopterPilot
Top secret lab
Member since Feb 2004
52841 posts
Posted on 8/7/18 at 10:28 am to
quote:

I may have gone over the line but I didnt pass or overtake anyone.



Was traffic backed up and you wanted to turn right? So, you did (and MOST of us do) that little drive on the shoulder for a bit to get to the turn lane thingy?


If so: you could be counted as "passing on the right" and "driving outside of the main traveled..."


Not condemning you if you did it. Most of us have
Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
79794 posts
Posted on 8/7/18 at 10:28 am to
quote:

Yes I may have but I didnt pass anyone. I exited the road the car in front of me was on and never came back on the road the car was on. If I left the road, passed the car and then reemerged on the same road that would be passing.



Can I come in court and watch you try this strategy with the judge?
Posted by BlackHelicopterPilot
Top secret lab
Member since Feb 2004
52841 posts
Posted on 8/7/18 at 10:29 am to
quote:

Yes I may have but I didnt pass anyone



quote:

If I left the road, passed the car



Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
79794 posts
Posted on 8/7/18 at 10:31 am to
Posted by Placebeaux
Bobby Fischer Fan Club President
Member since Jun 2008
51852 posts
Posted on 8/7/18 at 10:34 am to
quote:

Can I come in court and watch you try this strategy with the judge?


Sure

Im gonna bring up that there is no legal definition given for passing or main traveled portion of roadway
Posted by BottomlandBrew
Member since Aug 2010
30201 posts
Posted on 8/7/18 at 10:35 am to
Hey man, we all do it, but it's illegal. Take your ticket and move on. Just be more careful next time and make sure there aren't any police around.
Posted by The Boat
Member since Oct 2008
178330 posts
Posted on 8/7/18 at 10:36 am to
You got a ticket for driving on the shoulder? The other prisoners aren’t going to like that. That’s one step before the child molestors.
Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
79794 posts
Posted on 8/7/18 at 10:38 am to
quote:

Im gonna bring up that there is no legal definition given for passing or main traveled portion of roadway


Don't fall for and verbal traps. Like, you left the traveling lanes. You drove on the shoulder. You went around the other cars.

Hopefully you get a judge that is impressed by smartasses and doesn't revoke your driving privileges for 6 months.
Posted by Placebeaux
Bobby Fischer Fan Club President
Member since Jun 2008
51852 posts
Posted on 8/7/18 at 10:39 am to
Posted by Placebeaux
Bobby Fischer Fan Club President
Member since Jun 2008
51852 posts
Posted on 8/7/18 at 11:04 am to
Here is a current picture. Notice there is a solid white line continuing through the turning lane So legally I guess nobody should be turning here AMIRITE?

Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
79794 posts
Posted on 8/7/18 at 11:09 am to
You would have a good argument if that is what you were ticketed for. Was it?

Or did you move out of the traveling lanes onto the shoulder and reenter in that turning lane?

Basically, was your truck positioned where this picture was taken.

And yes, that road needs to be fixed.
This post was edited on 8/7/18 at 11:10 am
Posted by PhiTiger1764
Lurker since Aug 2003
Member since Oct 2009
14616 posts
Posted on 8/7/18 at 11:12 am to
quote:

Yes I may have but I didnt pass anyone. I exited the road the car in front of me was on and never came back on the road the car was on. If I left the road, passed the car and then reemerged on the same road that would be passing.

You are the dipshit that can’t wait to turn right so you drive on the shoulder to get there. Glad you got caught and ticketed. I hope you waste time and money fighting this.
Posted by Placebeaux
Bobby Fischer Fan Club President
Member since Jun 2008
51852 posts
Posted on 8/7/18 at 11:14 am to
Suck a gay dick fricknuts
Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
79794 posts
Posted on 8/7/18 at 11:16 am to
Curious, how did you get that picture?
Posted by Placebeaux
Bobby Fischer Fan Club President
Member since Jun 2008
51852 posts
Posted on 8/7/18 at 11:19 am to
quote:

Or did you move out of the traveling lanes onto the shoulder and reenter in that turning lane?


I split the white line and exited the Main St then proceeded down Westside extension. I never got back on Main St.
Posted by Placebeaux
Bobby Fischer Fan Club President
Member since Jun 2008
51852 posts
Posted on 8/7/18 at 11:21 am to
quote:

Curious, how did you get that picture?


The last one? I drove over there and parked in an abandon parking lot.
Posted by wheelr
New Iberia
Member since Jul 2012
6228 posts
Posted on 8/7/18 at 11:23 am to
quote:

solid white line


Someone correct me if I'm wrong, but isn't a solid white line ok to cross? I thought solid white was ok just use caution. The solid yellow is a 'do not cross'.
Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 8/7/18 at 11:23 am to
Nobody should be turning there, correct, but without video evidence of your vehicle not breaking the line you aren't getting out of it.

Drinking and warrants are a big problem so they'll pull people over for the most minor crap to check for that.
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