When Can You Drive on the Shoulder in Texas?

Have you ever become frustrated with the flow of traffic and decided to try and “ride the shoulder” of the road? In Texas, that is generally illegal. The Texas Transportation Code allows driving on an “improved shoulder” on the right side of the roadway only in seven specific situations. Also, you may do so only when it can be done safely and is actually necessary. For Texas drivers trying to avoid a ticket, handle an unusual traffic situation correctly, or figure out whether a stop for shoulder driving was valid, those situations are:

1. To stop, stand, or park;
2. To accelerate before entering the main traveled lane of traffic;
3. To decelerate before making a right turn;
4. To pass another vehicle that is slowing, stopped, a disabled vehicle, or preparing to make a left turn on the main traveled portion or portion of the roadway;
5. To allow another vehicle traveling faster to pass;
6. To follow directions given by an official traffic-control device or when required by an official; or
7. To avoid a collision.

Such operation on a paved shoulder or improved shoulder is permitted or required only in limited-access situations and must be done safely. That includes obeying traffic control devices. Additionally, recognize that different rules can apply to emergency or other authorized vehicles. In rare circumstances, different rules also apply to left-shoulder use.

Even when driving on an improved shoulder falls within one of these legitimate uses, drivers must do so only when necessary for safe movement. The improved shoulder is the paved area on the right side next to the roadway, not an unimproved area. In other words, illegally driving on the shoulder to pass other vehicles that are traveling at normal speed is not okay. Furthermore, driving faster than the posted speed limit can support a traffic stop or citation. This is especially true when conditions prohibit the safe movement of traffic on the main lane. If a police officer sees you, it could lead to a traffic ticket. That is why this article also explains enforcement issues, practical safety points, and when it may help to speak with a traffic ticket lawyer.

On a highway, including a controlled access highway, the right shoulder is not a travel lane for convenience.

Driving on the Left Side Improved Shoulder in Texas

Texas law also permits an operator to drive on the left shoulder, rather than the shoulder on the right side of the roadway, of a divided, limited-access, or controlled-access highway if done safely and only:

• To slow or stop when a disabled vehicle cannot be moved safely to the right shoulder because of traffic or other circumstances;
• As permitted or required by an official traffic-control device; or
• To avoid a collision.

Left-shoulder use is limited to those specific situations and is not a general option for passing or routine travel.

Exemptions for Authorized Emergency Vehicle and Authorized Vehicles

Certain vehicles are exempt from the limitations on driving on improved shoulders. These include:

• Authorized emergency vehicles responding to a call;
• Police patrols;
• Bicycles;
• Slow-moving vehicles.

Emergency vehicles, including fire trucks and ambulances, are allowed to use shoulders as necessary when responding to emergencies or accident scenes.

Legal Considerations and Enforcement under the Texas Transportation Code

Driving on the shoulder must be necessary and done safely to avoid tickets. Illegally driving there can result in a traffic stop or citation. Police patrol officers and authorized emergency vehicles have exemptions and can use shoulders without restrictions when responding to a call. However, ordinary operators must ensure their actions comply with the law.

For example, in the case of Texas Department of Public Safety v. Hargroder, a driver was stopped for speeding on an improved shoulder. The court upheld the stop because the officer had reasonable suspicion based on speed, shoulder use, and exceeding the posted speed limit. Drivers must also obey traffic control devices when shoulder use is otherwise permitted. This illustrates that even if a driver has a legitimate reason, unsafe or unnecessary shoulder driving can lead to enforcement.

Safety Tips for Operators Using Shoulders

• Always signal your intention to turn left or right before using the shoulder.
• Use the right shoulder primarily, meaning the improved shoulder is the paved area beside the roadway, and stay on the right side unless a specific left-shoulder exception applies.
• Yield to emergency vehicles and police patrols using the shoulder.
• Watch for a slow moving vehicle that may lawfully use the shoulder.
• Follow traffic control devices around construction, closures, or similar conditions before entering or using the shoulder.
• Avoid driving on the shoulder to bypass traffic unless it meets one of the legal reasons.
• Be cautious of bicycles that may be using the shoulder legally.

Speak with a Houston Traffic Ticket Lawyer Today

Even when drunk driving is not an issue, a traffic violation alone can add points to your license. It can also force you to take time to fight a questionable ticket. If you need legal advice or representation from an experienced traffic violations attorney in Houston or other parts of South Texas, contact the Law Offices of Tad Nelson & Associates today.

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