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  1. #1
    Join Date
    May 2011
    Posts
    1

    Default Unmarked Shoulder - with Bus Stop

    My question involves a traffic ticket from the state of: California

    I was driving east on Wilshire Blvd at the overpass at the VA Hospital (Wilshire Blvd at Bonsall Avenue) where there is an unmarked separated side lane (wide enough for 2+ car widths) which includes a bus stop. I was in heavy traffic and my engine light went on (I have had recurring engine light problems) so when I reached the side lane I entered it with the intent to temporarily turn off and rest my engine for a few minutes. A police officer had stopped and was citing another car and he motioned me to motioned me to stop (I had already pulled over to the curb and was stopping behind the other parked car before he motioned me to do so).

    He cited me for driving on the shoulder. I replied that I wasn't aware that this was a "shoulder" -- there were no signs at all, and anyway I had to stop my engine briefly because my engine light was on.

    What is the definition of "highway shoulder?"

    Please advise if the officer's action is appropriate?

    Thank you.

  2. #2
    Join Date
    Apr 2011
    Location
    California
    Posts
    98

    Default Re: Unmarked Shoulder - with Bus Stop

    While I don't believe the CVC explicitly defines the term "shoulder," the California MUTCD defines it as the following:

    72A. Shoulder – The portion of the roadway contiguous with the traveled way for accommodations of stopped vehicles, for emergency use, and for lateral support of base and surface courses.

    91. Traveled Way—the portion of the roadway for the movement of vehicles, exclusive of the shoulders, berms, sidewalks, and parking lanes.

    Looking at Google Street View (which looks to have relatively recent photos), you can see that solid white right edgeline that delineates the traveled way (there's three through travel lanes). Anything on the right of that edgeline would be considered a part of the shoulder. Note how the white line is solid which indicates that a vehicle is discouraged from crossing the striping (unless your car broke down, or are pulled over by law enforcement).

    Did you explain that you were having car trouble (i.e. show that your engine light had come on)? What section was cited on your ticket?

  3. #3
    Join Date
    May 2011
    Posts
    1

    Default Re: Unmarked Shoulder - with Bus Stop

    I was cited at the exact same place, but for a different code violation, S.21755, passing on the right unsafely. The two officers conferred quite a bit before writing the citation, I hope because I said to the first officer who addressed me, "There was no sign or marking indicating that it was illegal to drive in the alleyway next to the eastbound lanes."

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