7.742 — DRIVING ON THE SHOULDER/EMERGENCY LANE

Violations of "Statute 7.742" results in an Infraction and a fine of $150

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(a) Definitions

Driving on the shoulder or emergency lane refers to the act of operating a vehicle on the designated roadside area meant for emergencies, stopped vehicles, or authorized personnel, except when permitted by law.

(b) Elements

To establish the offense of driving on the shoulder/emergency lane, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant was operating a motor vehicle.

• The vehicle was being driven on the shoulder or emergency lane of a roadway.

• The driver did not have lawful justification to do so.

(c) Common Violations

• Using the shoulder to bypass traffic congestion.

• Driving in the emergency lane without an emergency.

• Passing other vehicles using the shoulder.

• Failing to yield to emergency vehicles using the lane.

(d) Defenses

Defenses against this charge may include:

• The driver was directed by law enforcement to use the shoulder.

• The driver had a legitimate emergency (e.g., mechanical failure, medical emergency).

• Road conditions or signage permitted temporary shoulder use.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining penalties:

• The driver’s actions endangered other motorists or pedestrians.

• The maneuver obstructed emergency response vehicles.

• The driver has prior traffic violations related to improper lane use.