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  1. #1
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    Question Exceeding the Speed Limit While Passing

    I'd be interested if any state allows excess speed limit to pass. I would think they don't.

  2. #2
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    Default Re: Does Oregon Allow to Exceed Speed Limit While Passing

    Quote Quoting kist
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    I'd be interested if any state allows excess speed limit to pass. I would think they don't.
    Well, here's one:
    Quote Quoting RCW 46.61.425
    (1) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law: PROVIDED, That a person following a vehicle driving at less than the legal maximum speed and desiring to pass such vehicle may exceed the speed limit, subject to the provisions of RCW 46.61.120 on highways having only one lane of traffic in each direction, at only such a speed and for only such a distance as is necessary to complete the pass with a reasonable margin of safety
    But note that the vehicle you're passing MUST be going LESS than the speed limit -- and it only applies on a two-lane road.

    Barry
    Where am I going? And why am I in this handbasket?

  3. #3
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    Mar 2007
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    Default Re: Does Oregon Allow to Exceed Speed Limit While Passing

    and, as I have mentioned before, that hardly excuses a speed in excess of 30 miles per hour over the speed limit.

  4. #4
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    Default Re: Does Oregon Allow to Exceed Speed Limit While Passing

    Quote Quoting kist
    View Post
    I'd be interested if any state allows excess speed limit to pass. I would think they don't.

    Barry points out one codified exception, but here is and has always been my take on it, even if not codified.

    What was the "intent" to build 2-3 or even 4 lane highways, especially Interstates??

    Say you are on a 3 lane highway and the right lane is driving at 54 and the speed limit is 55.

    This means no person can exceed the speed limit to pass!

    Does this not defeat the purposes, legislative intent, of multi - lane roads.

    Exceeding the posted limit is simply a "prima facie" violation.

    All an officer would have to do is drive 54 in the right lane, on purpose, for 20 miles, and anyone who passed him is guilty of speeding and fined with no arguable justification as a defense. Imagine the coffers then! Big bucks.

    Does not sound like Due Process to me!!

  5. #5
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    Default Re: Does Oregon Allow to Exceed Speed Limit While Passing

    Quote Quoting blewis
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    Well, here's one: But note that the vehicle you're passing MUST be going LESS than the speed limit -- and it only applies on a two-lane road.

    Barry
    Umm, Barry. Did you notice this?

    My concern is oregon...
    Last time I checked, RCW is the statutes of Washington.

    Oh, I see; kist has hijacked the thread and thrown evreybody off responding to the OP.
    Shame on you kist. Start your own thread.

  6. #6
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    Default Re: Does Oregon Allow to Exceed Speed Limit While Passing

    I didn't think Kist was hijacking -- I thought he/she was expressing the opinion that NO states allow you to exceed the posted limit, even if passing. I simply pointed out (with a cite to the authority), as OP indicated in his/her original post, that WA DOES, indeed, allow a driver to exceed the posted limit -- on a two lane road (one lane in each direction) and ONLY if passing another vehicle that is driving BELOW the posted limit.

    LegalGuy's post pointed out that the Driver's Manual for Oregon (on page 39) says that it's illegal in OR to exceed the posted limit -- even when passing. WA may be unique, I don't know.

    Barry
    Where am I going? And why am I in this handbasket?

  7. #7
    Join Date
    Jan 2006
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    27,316

    Default Re: Does Oregon Allow to Exceed Speed Limit While Passing

    Quote Quoting blewis
    View Post
    I didn't think Kist was hijacking -- I thought he/she was expressing the opinion that NO states allow you to exceed the posted limit, even if passing. I simply pointed out (with a cite to the authority), as OP indicated in his/her original post, that WA DOES, indeed, allow a driver to exceed the posted limit -- on a two lane road (one lane in each direction) and ONLY if passing another vehicle that is driving BELOW the posted limit.

    LegalGuy's post pointed out that the Driver's Manual for Oregon (on page 39) says that it's illegal in OR to exceed the posted limit -- even when passing. WA may be unique, I don't know.

    Barry
    true, not a real defined hijack but you know the saying:

    give them one citation, they want a volume!!

    From what I have seen, to date, Washington is unique in this allowance. Could be others but I haven;t seen any yet.

  8. #8
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    Default Re: Does Oregon Allow to Exceed Speed Limit While Passing

    I don't hijack I 'acquire underutilized assets.' XD

  9. #9
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    Default Re: Does Oregon Allow to Exceed Speed Limit While Passing

    Quote Quoting jk
    View Post
    true, not a real defined hijack but you know the saying:

    give them one citation, they want a volume!!

    From what I have seen, to date, Washington is unique in this allowance. Could be others but I haven;t seen any yet.
    Yep, I agree. I think it USED to be OK in a number of states that allowed it -- maybe 40 - 50 years ago. But, my guess is that a lot of those have been overturned.
    Quote Quoting kist
    View Post
    I don't hijack I 'acquire underutilized assets.' XD
    LOL!

    Barry
    Where am I going? And why am I in this handbasket?

  10. #10
    Join Date
    Nov 2008
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    2

    Default Re: Does South Dakota allow exceding the speed limit to pass

    i recently got a careless driving ticket for having to excede the speed limit to pass a car going 50 in a 55. Is it illegal to excede the speed limit to pass a car going below the speed limit in South Dakota??

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