When Can You Use The Emergency Lane?

That driver who uses the highway shoulder in bad traffic could face penalties. Learn when driving in the emergency lane is legal in this episode of BrainStuff.

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Episode Transcript

Speaker 1 (00:02):
Welcome to brain Stuff from How Stuff Works. Hey, brain Stuff,
it's Christian Seger here. Imagine this. You're in your car.
You've got places to go and people to see, yet
you're stuck inching along the interstate at barely a snail's pace.
Your exit looms, but it's still relatively far away, and
the empty shoulder commonly known to drivers as the emergency lane,

(00:25):
beckons you. You'd be reducing congestion if you drove on
the shoulder right. What harm could it possibly do? Well?
A lot, As it turns out. Katie Fallon, the public
information officer with the Georgia Governor's Office of Highway Safety,
says this lane is for emergency use only and not
for general travel. It does not matter if you're just

(00:47):
trying to pass someone. Here's a case in point. A
July dump truck crash on Interstate eighty five in Fairburn,
Georgia inspired a number of motorists to hit the shoulder
instead of waiting in traffic like everyone else. Their actions
caused major disruptions. Fairbird Deputy Chief Anthony Bazidlow told WSBTV

(01:11):
they had a hero unit that was prevented from getting
to the scene as well as an ambulance that was
not related to the accident that had a patient on
board that was trying to get to a local hospital
and they couldn't get through the traffic because the emergency
lane was closed. If this had been a situation where
the driver of the accident vehicle had life threatening injuries,

(01:33):
the ambulance wouldn't have been able to get there. That's
not to say that you'll never wind up driving on
the shoulder. You're just not likely to have to unless
you or someone near you runs into a roadway problem.
The Federal Highway Administration's website explains that, aside from their
structural benefits for pavement and drainage, shoulders provide refuge for

(01:56):
vehicles in emergency situations, access for first responders in an
additional recovery area for drivers trying to avoid conflicts in
the adjoining travel lanes. Okay, driving in the emergency lane
without being directed to do so by a law enforcement
official or a first responder. That's a violation of state law,

(02:17):
and you could be fined or even face jail time
for doing so. Like virtually every other police matter, penalties
vary state by state, but points on your driver's license,
which are assigned based on traffic violations and can result
in license suspension or revocation, are another possible penalty. Virginia

(02:40):
based traffic defense attorney Matt Pinsker has represented numerous clients
cited for the offense and says that judges are sympathetic
in the sense that no one likes sitting in the
traffic and we all understand the temptation of wanting to
just get in that open shoulder lane and go around
all of it, but we are all expected to fall
all the rules. Now get this. He's had cases like

(03:03):
that dismissed because his client was improperly charged or the
charge was reduced or dismissed, but when it was reduced,
the fine was still around fifty to one dollars. So
do your bank account and your fellow motorists and first
responders a favor and avoid driving on the shoulder unless

(03:24):
you're in distress or an officer of the law directs
you there. Today's episode was written by A. Leahy, produced
by Dylan Fagan, and for more on this and other topics,
please visit us at how Stuff Works dot com.