Passing On The Shoulder Of The Road In Delaware
§ 4117. When overtaking on the right is permitted.
(c) When the vehicle overtaken is making or about to make a left turn, the vehicle approaching from the rear may pass on the right using the shoulder if necessary.
Vehicle #1 in picture above has just passed multiple left-turning vehicles on the right by using the shoulder of the road.
QUESTION: Is it legal to pass more than 1 left-turning vehicle on the right by using the shoulder of the road?
“The D Team” “Smart Defense” ANSWER: Read § 4117 again – “When the vehicle overtaken is making or about to make a left turn…” Therefore each vehicle you overtake on the right must be intending to turn left. If at any point you determine the vehicle you are overtaking on the right is not intending to turn left, you cannot legally proceed on the shoulder. You will be required to make every effort to merge safely behind the vehicle you have determined is not intending to turn left.
QUESTION: What if the vehicle operator who was intending to turn left changes his/her mind and continues straight?
“The D Team” “Smart Defense” ANSWER: It’s called SOS! You can drive STUPID by dangerously racing the other motorist to win the space in the front, OR you can drive SMART and help the other motorist by merging behind him/her because you are the superior driver.
QUESTION: Is it legal to pass left-turning traffic in an intersection since there is no shoulder?
“The D Team” “Smart Defense” ANSWER: Once again read § 4117 – “…may pass on the right using the shoulder if necessary.” Thus there is no prohibition in Delaware Law against passing left-turning traffic on the right (even in an intersection). The prohibition on passing in an intersection is limited to passing on the left, not right (two-way roads) — see § 4119 below.
§ 4119. Further limitations on driving to left of center of roadway.
(a) No vehicle shall be driven on the left side of the roadway under the following conditions:
(2) When approaching within 100 feet of or traversing any intersection or railroad grade crossing, unless otherwise indicated by official traffic-control devices;
IMPORTANT: It is not legal to use a RIGHT-TURN LANE to pass left-turning traffic on the right. If you end up in a RIGHT-TURN LANE then either turn right or safely merge into the through traffic lane.c
