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  1. #1

    Default Driving in the Center Lane of a Three-Lane Road

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

    I got pulled over for driving in the center lane of a three-laned road. The reason why I was in that lane was I passed a person that pulled out in front of me. Hence, I was passing the person.

    If you read 28-729.2, it states
    On a roadway that is divided into three lanes, a person shall not drive a vehicle in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and the center lane is clear of traffic within a safe distance
    HTML Code:
    http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/28/00729.htm&Title=28&DocType=ARS
    Now I assume 28-727 is because of the line on the road (dashed and solid). I'm confused on how they had any legal right to pull me over. One law says it's legal and the other says it's illegal. Could the officer of pulled me over on violation of 28-727, even though 28-729.2 says what I did was legal? (I am charged with both atm.)

  2. #2
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    387

    Default Re: Problems with Arizona 28-727(No Passing Zones) and 28-729.2(Driving on Roadways L

    Was the area where you were cited in a No Passing Zone? Was the center lane a left turn/emergency/breakdown lane?

    Also, cities and counties can pass additional restrictions under the municipal code. Just because ARS 28-729.2 says one thing doesn't mean that the city/county can't enforce a code that is more restrictive. Example: here in downtown Tucson, an electric street railway serves the University of Arizona. The tracks are located in the center lanes of the streets that the railway runs along. When the streetcars are in service, that lane becomes a travel lane and any vehicle that causes a crash by turning into the center lane in front of the streetcar can be cited for a number of moving violations. Also, the city code prohibits any vehicle from passing the streetcar on the right when it is stopped to receive or discharge passengers.

  3. #3

    Default Re: Problems with Arizona 28-727(No Passing Zones) and 28-729.2(Driving on Roadways L

    No, there was not a no passing sign. I have no idea what a emergency/breakdown lane is...but it was a left turn lane. Which is says in 28-729.2 that you can use that lane to pass or turn left. So I don't see how if it's a left turn lane matters. I looked in Flagstaff traffic law and found nothing. It's just a normal 3-laned road with no anomaly.
    Any help or thoughts I get, I appreciate greatly. Thank You.

  4. #4
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    387

    Default Re: Problems with Arizona 28-727(No Passing Zones) and 28-729.2(Driving on Roadways L

    If the line to your immediate left is solid, passing is prohibited-if it is broken/dashed, passing is permitted. A normal left turn lane is usually also a breakdown/emergency lane. A breakdown lane is a lane where a disabled motor vehicle can pull into to clear the travel lanes while awaiting assistance. An emergency lane is a lane that an emergency vehicle with lights and siren activated may use as a travel lane to pass vehicles standing in the normal travel lanes. Swerving to go around a vehicle that has pulled out in front of you can also be cited as an unsafe turn or improper change of lane if you do not activate your turn signal.

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