Did not happen on the NC (16 F) pulled over... I think unjustly.

[TonySilver]

Hey Everybody!

I did not know if it was better to post this in the bar or here, opted for the latter.

I am writing this to ask for information, I know laws vary in different states, still I think that passing on the right is generally legal.

Well to the specifics. This happened in suburban Chicago.

I was driving on a two lane road (one lane in each direction), approaching an intersection. As I reached the intersection the light turned green. At this point (as I was slowing down) the left lane (which is usually used for cars turning left) did not move forward, therefore I moved to the right side of the lane (signaling my intentions) and crossed the intersection. At this point I realized that there were no cars turning left, but that the driver on the lead for some reason had just started to move forward in a very slow manner. My reaction was to use my signal to merge into the left lane and placed my vehicle in front of that car. I need to mention that all this was done below the speed limit. After clearing the intersection a police officer pulls me over (officer tells me he was behind the car in the lead, something I knew.) and says I cut them off and that I did an illegal pass. He then gives me a ticket which he said was just like a parking ticket because it did not affect my driving record.

final points:

I did not go over the curb when passing on the right.

I did not go over the bike lane, there wasn't one(most suburban towns in my area do not have one).

This particular road is widen at the intersection, I think it is to accommodate cars passing on the right, due to vehicles turning left and also for vehicles turning right after a complete stop.



My questions are...

Isn't legal to pass on the right lane in illinois?

I did not cut them off, no car had to slow down or stop because of my actions, why is it illegal passing?

Why did he give me this other ticket that he claims does not affect my driving record?

Thank you all for your help in advance. This situation is irritating. lol

Tony

 

[Old Can Ride]

You can not pass on the right shoulder of a roadway in Texas, as it is against the law. However we all do it, to expedite traffic flow. In Texas it is a moving violation that goes on your driving record, just like a speeding ticket. I find that because passing on the shoulder of a roadway does expedite traffic flow most police officers only write this ticket when it is the primary cause in an accident. Then the officer would get a day off without pay if he did not write the ticket. Yes, it is against the law, but we all do it.

 

[L.B.S.]

Up here, if there are two opposing lanes, and you passed any vehicles on your left, going the same direction as you, it is illegal, period. Doesn't matter how wide the roadway is. If there are no dividing lines to indicate any separation, it is considered one lane. Especially through an intersection! It is also illegal to make a lane change in an intersection, no matter how many lanes there are.

 

[anglachel]

It is also illegal to make a lane change in an intersection, no matter how many lanes there are.

That's what they told me years ago in drivers ed. in MN.

 

[bduffey]

And in many States it is illegal to do any type of passing motion or lane change with-in an intersecting way unless: 1.) The vehicle you are passing is actually in the process of turning, and/or 2) unless directed to do so by signs/markings, a police officer, or a school bus driver.

 

[bamamate]

This is a sticky one. My suggestion is to read through the Illinois road laws which usually are available online.
In AR, on a 2 lane, one lane each way, if a car is stopped to make a left you can pass on the right as long as you do not go off the pavement. Duplicating your situation it would have been illegal in AR since you passed cars that weren’t turning left. Basically that amounts to lane sharing which is illegal.

 

[TonySilver]

Hey all!

Thank you for all the replies, also for the thread move.

I have done some research as some of you pointed out.

I came across this article, which applies to Illinois. Waiting For the Vehicle Ahead to Turn Left | Suite101

OCR thank you for the info, it makes sense about not going on the shoulder. In my case the road was wide enough to not use the shoulder or sidewalk.

I did think those cars were going to turn left. But, none of them eventually did.

Maybe I should get a pic of the intersection here.

Thanks again for all your help.

Tony

 

[CoopaLoop]

Tony, Re: the ticket that doesn't go on your driving record.

Just a guess from my days as the po-po, but something else to consider. Since traffic laws are multi-tiered sometimes (state, county, city, etc) some departments may issue citations differently so that money goes into the correct jurisdiction's pockets. What you were cited for may not be against Illinois traffic code, but against the municipal codes - so they make sure your fine is paid to the people whose roads you were driving on. Where I worked we did this with parking tickets and other city specific ordinances, which in turn were not reported to the state and would not appear when insurance companies (or other agencies) checked your record. Just a guess, if that makes sense.
I do remember that many roads in the Illinois and Indiana areas had widened lanes at left turns, specifically so that traffic could keep moving on the right (without crossing any white lines) while other cars stopped to yield left turns. I suppose it would matter most if you crossed a white line, or if any state/local laws prohibit passing on the right or in an intersection.
In most places (every time in my state) the officer will be required to write the specific statute violated on the ticket. If he/she did so, do a search for that law and see if you fit the bill or not. If not, contest the ticket to whichever court you are meant to pay or appear in - usually, if it isn't a "clean kill" they would be more likely to drop the case than pay the officers overtime to come testify, pull the videos and whatnot when they only stand to make the same amount off a fine anyway.
Good luck, and let us know how you fare!

 

[Antarius]

Does Illinois have a lane sharing / splitting law?

If not, I would surmise that if in fact the vehicle you passed on the right and then moved back in front of.... had it actually turned left, the Officer would not have seen this as a violation. However, what he saw was a vehicle moving forward slowly through the intersection -- you come up from behind, pass the vehicles on the right, then promptly move back in front of those vehicles to continue straight through the intersection. All while sharing the same lane as the vehicles.

Bottom line? You made a judgment call on what the vehicle was doing (turning left) and thus felt that it would be okay to expedite the process to pass the vehicle, which was inevitable. Unfortunately, the judgement call was wrong and instead you ended up passing a vehicle which was traveling the same direction as you, in the same lane as you, and moving back over in front of it.

Such is life, live and learn.

 

[Hollow Road Rider]

The way people drive cars around here (Chicago) is CRAZY. If I don't pull into a right lane at a light to get ahead when the light changes, then 2 cars will. I do it all the time, and I do assume it is illegal, but like I said above, people around here are really aggressive lately. Have you ever noticed that horns start honking within 2 seconds if the lead car doesn't take off the split second that the light changes to green?

Tony, what suburb was this? I am a suburbanite myself, and commute into the city by bike frequently.

 

[pismocycleguy]

In California it is illegal to pass a vehicle on the far right, unless there is more than one lane of traffic going in your direction. Then it is legal except for the far right lane.

 

[TonySilver]

The way people drive cars around here (Chicago) is CRAZY. If I don't pull into a right lane at a light to get ahead when the light changes, then 2 cars will. I do it all the time, and I do assume it is illegal, but like I said above, people around here are really aggressive lately. Have you ever noticed that horns start honking within 2 seconds if the lead car doesn't take off the split second that the light changes to green?

Tony, what suburb was this? I am a suburbanite myself, and commute into the city by bike frequently.

It all happened in Berwyn, Illinois. I definitely agree with you, drivers in Chicagoland are agressive drivers for the most part.

Thank you all for your comments. I think, I will contest the ticket. CoopaLoop and Antarius make very good points.

CoopaLoop, thanks for the inside information, I was not aware of that, and I will let everybody know what turn the events end up taking.

Thanks

Tony

 

[davidc83]

Good luck, but you did split the lane with not one but with multiple cars and lane splitting is only legal in California. If the cop shows up at court on the date listed, you probably will be found guilty, forced to pay the fine and possibly higher court costs then if you just sent in the fine.

 

[L.B.S.]

It all happened in Berwyn, Illinois. I definitely agree with you, drivers in Chicagoland are agressive drivers for the most part.

Thank you all for your comments. I think, I will contest the ticket. CoopaLoop and Antarius make very good points.

CoopaLoop, thanks for the inside information, I was not aware of that, and I will let everybody know what turn the events end up taking.

Thanks

Tony

Well according to your link, I would certainly contest it. I wouldn't do it strictly based on that article alone, of course, but follow up and make sure to have a copy of the pertinent rules from the actual rule book, and it wouldn't hurt to go back to that intersection and take some pictures of how wide the road is, and the intersection.

Good luck!


"Passing on the right is legal in Illinois-sometimes"

Passing on the right is legal in Illinois under certain conditions, according to Illinois Rules of the Road.

Drivers may pass on the right (but not on the shoulder):

-when there is enough room on a two-lane roadway, and when the vehicle the driver is passing is making or is about to make a left turn.

-on a one-way street or on a roadway with two or more clear lanes in each direction.

-at an intersection that has been widened for this purpose