Motorcycles on a Paved Shoulder

Question

Kris asked: Though lane splitting is illegal in FL can a motorcycle ride the shoulder to pass heavy traffic, 30 mph or less?

Answer

No. Under all circumstances, vehicles (except bicycles) must be driven on the roadway, which does not include the paved shoulder.

s. 316.003 – Definitions

(64) Roadway – That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.

s. 316.081Driving on Right Side of Roadway; Exceptions

(1) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway

Normally, passing should be accomplished on the left.

s. 316.083Overtaking and Passing a Vehicle

(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall …. pass to the left thereof at a safe distance ….

Under certain circumstances, passing on the right is permitted.

s. 316.084When Overtaking on the Right is Permitted

(1) The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions:

(b) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving traffic in each direction;

(c) Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.

However, the vehicle may not be driven out of the main traveled portion of the roadway.

(2) The driver of a vehicle may overtake and pass another vehicle on the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.

Posted in Ask Geo, Overtaking & Passing

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