Q: Is it legal to pass on the right shoulder when the vehicle in front of you is turning left? A: This is a question that I am asked frequently, and based on the number of violations that we continue to see I am more than happy to revisit how Minnesota law applies. It is illegal to drive on the shoulder of a road except during an emergency, or when directed by traffic officials, or when permitted by a sign. Minnesota State Statute 169.18 subdivision 4 states “the driver of a vehicle may overtake and pass another vehicle upon 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.” Minnesota law (169.01 subdivision 31 defines a roadway as “that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder”. Therefore it is illegal in Minnesota to use the right shoulder to pass when the vehicle in front of you is turning left. In some areas a bypass lane is available so that vehicles may safely and legally pass to the right of a vehicle making a left turn. If the bypass lane is not available, it is illegal to use either a right turn lane or the shoulder for passing. Without a bypass lane, the proper procedure when the vehicle ahead is signaling a left turn would be to slow down and be prepared to stop. If you have any questions concerning traffic-related laws or traffic safety in Minnesota, send your questions to Trooper Tim Rust, Minnesota State Patrol, 3725 12th St. N., St. Cloud, MN 56303.
