Attorneys
Tips
Riding
Between the Lines
We’ve
all done it, or at least wanted to do it. We sit there
stopped behind traffic that is stacked up to the horizon.
As we sit there, trapped on a choice stretch of flat
and straight, but completely uninteresting, four lane
interstate highway, that we should be able to use to
quickly cruise to the next more interesting part of our
journey, we think, "I can fit through the cracks
between those land yachts and put some serious distance
between me and this mess." It seems to make some
sense; those cars are not using that six-foot gap of
black top between them. You and your bike could cruise
right through them, get to the front of the line, and
be on your way. One problem, this maneuver has specifically
been made illegal in Arizona, Nevada, Utah and Colorado.
It is probably not a good idea to attempt it in New Mexico
either.
Arizona Revised Statute section 28-903(b) provides that
the operator of a motorcycle shall not overtake and pass
in the same lane occupied by the vehicle being overtaken.
The law reads almost exactly the same in Colorado and Utah.
The law in Nevada reads a little different, but they all
mean the same thing. You cannot ride past a car in the
same lane in which that car is driving. So on four lane
interstates, if traffic is stopped in both lanes on your
side, either lane you pick to straddle, you will be passing
a vehicle in its lane of travel, thus violating the law.
It would not be wise to get smart with the cops on this
and try to drive dead center on the dividing line, as the
law in these states, as well as New Mexico, also provides
that on a marked highway you have to drive in a single
lane as much as is practical. So, although sitting there,
knowing you could make, it is frustrating, it is best to
avoid the temptation. These laws are not restricted to
the interstate highways; they apply to all roads marked
with lanes for travel.
As noted above, New Mexico has not specifically made this
maneuver illegal. However, just like the other states,
you have to drive in a single lane as much as practical
and you have to pass the vehicles to your side at a "safe"
distance. So when you think about it, if you straddle in
New Mexico, although it is not specifically illegal, you
run the serious risk of arguing with a cop, or later trying
to convince a judge, that you were passing at a safe distance
to the vehicle to your side. If you take this route, good
luck, you’re going to need it.
In all of these states you also run the risk of getting
nabbed by the cops for other traffic violation as well,
such as careless or reckless driving, depending on road
conditions and if your straddling poses a danger to other
drivers. These charges can result in fines and, in extreme
case, jail time. For instance, a conviction for reckless
driving in Arizona carries up to four months in jail, up
to a $750.00 fine and up to a ninety-day suspension of
your license. The other states vary, but in almost all
the fifty states, reckless driving is considered to be
more than a mere "traffic ticket".
The law does not just restrict the way we ride. It also
protects us and gives us some privileges. For instance,
in Arizona, Colorado, Utah, and Nevada, you and one buddy
can ride your bikes side by side in the same lane of traffic,
the law specifically provides that this is O.K. Additionally
in these states, the law provides that other vehicles,
even monster land yacht SUVs, have to allow you an entire
lane of traffic. Just because you are on a smaller machine
does not mean that those drivers get to crowd you off the
highway. So, if you think about, the law provides everyone
his or her space on the road. When it comes to road travel,
the law takes a little freedom and gives back a little
safety.
For more info call: 888-529-8443
Law
Tigers
346 N. 3th Ave
Phoenix, Az 85003
602-271-7029
www.lawtigers.com |