Traffic law situation

[JDgreen227]

About 2 hours ago I was heading into the local small town, on a 2 lane road with a solid double yellow line as far as you could see in both directions...a few small hills, but practically no traffic, except me moving at the posted 35 mph limit, then I stopped behind a 10-wheel trash truck. They were stopping about every hundred feet, and it was at least a mile to the next turnoff which the truck may have or may not have taken. Seeing no cars oncoming, I crossed the double yellow line and passed the truck.

Upon getting home I asked one of my neighbors who does traffic law enforcement if I was legally right to pass the trash truck. He said, quote: "It is illegal to pass on a double yellow line, period, unless signaled by police or a signal man..." He further said he just had the same situation picking his kid up and he said the guy riding on the back of the truck signaled him it was ok to pass, so he did...and that although the guy wasn't an official signal man (probably a highway worker would be considered official) by waving at the following vehicle to pass, THEY (emphasis added) take the liability.

IMO, the traffic laws are 100% wrong for the situation I just described. By stopping behind the truck, then carefully passing it and not endangering any oncoming traffic, I should not have done anything illegal. My neighbor also said "if the truck crew did signal you to pass, and an officer saw the truck, he should only issue you a warning. But if he gives you a ticket, he's a d**k" :laughing:

 

[MossRoad]

I found this on the subject...

By DAVID WRIGHT — FOR THE BELLINGHAM HERALD


Question: A garbage truck is stopped on a two-lane road with opposing lanes of traffic (and a solid double-yellow line). There is no oncoming traffic. Is it legal to pass the garbage truck?

Answer: As a technical matter, no. As a practical matter, yes. Usually, the garbage truck will be at least partially off of the roadway. The caveat being if you are on the wrong side of the road and are involved in a crash, you will be charged.

Here's some Indiana law that may apply:

"9-21-5-7. Motor vehicles driven at slow speed impeding or
blocking traffic.--A person may not drive a motor vehicle at a
slow speed that impedes or blocks the normal and reasonable
movement of traffic, except when reduced speed is necessary for
safe operation or in compliance with the law. A person who is
driving at a slow speed so that three (3) or more other vehicles
are blocked and cannot pass on the left around the vehicle shall
give right-of-way to the other vehicles by pulling off to the
right of the right lane at the earliest opportunity and allowing
the blocked vehicles to pass."

So, I guess, you technically cannot pass on a double yellow line, and my have to wait a long time until the driver is required to pull over. Could getg frustrating.

Personnally, I just wait until the coast is clear and safe and then pass slowly.

 

[NorTracNY]

That's a good reply MossRoad. I am use to the garbage trucks partially off the road. Since you could get a "speeding" ticket for traveling too slow, I would assume that someone on the garbage truck would be required to wave you on when it was safe. Otherwise they could be ticketed for impeeding the flow of traffic. I'm use to being waved on. Generally the person finishes with the stop and will notice me waiting. They then check for traffic and wave me on.

 

[JDgreen227]

MossRoad...thank you for providing the law as it applies in your home state...however, given the lack of traffic on the road I mentioned at the time in question, it may have taken a half hour or more for two other vehicles to stack up behind mine. Still, there were numerous mailboxes on the right of way and the trash truck could not pull fully off the road surface and permit any following traffic to pass without crossing the center line. Which is why I feel the laws should be amended for situations such as I outlined.

 

[ruffdog]

Let's say you come up on a bicyclist on that same road, can you cross the centerline to pass? In our state, the bike has to be traveling within 3ft of the shoulder and the car passing must give 3ft of room. So, do you have to follow that bike until a pass zone???

 

[brin]

Then I violate the law all the time...on our rural county road Bike riders in their spandex have taken over all our roads ...not much traffic so it draws them...we are close to a college town and it is hard to get around , mainly on the weekends...I pass over double yellow all the time..no choice ..these idiots take up the whole lane they ride 4 abreast not single file and it seems like they are just daring someone to hit them....I swear , I honestly think some would like to be hit for the lawsuit they could file....

 

[ruffdog]

This is interesting on the different state laws....

Legal to pass a cyclist on double-yellow? [Archive] - Bike Forums

 

[PoorPlowboy]

It is also against the law to willfully impede the flow of traffic. If the officer writes you a ticket for passing, make him write the trash truck driver a ticket at the same time.

 

[JDgreen227]

It is also against the law to willfully impede the flow of traffic. If the officer writes you a ticket for passing, make him write the trash truck driver a ticket at the same time.

Ummm....since the trash truck driver is only performing his job, why would a citation for "willfully" impeding traffic apply in such a situation? As I stated in an earlier post, the mailboxes on the right of way and lack of cross streets did not make it practical for the truck to pull off. I used to drive straight trucks as large and heavy as the trash truck mentioned and understand the problems involved in pulling over. Thanks for your input.

 

[greasemonkeyok]

In Oklahoma, at lease in the Eastern part, there is an overriding legal principal applicable to your dilemma:

It ain't against the law if you don't get caught."