Driving in Tyler, Texas, and surrounding areas like Longview, Athens, Gilmer, Jacksonville, and Lindale can be quite a challenge. Whether you’re heading to Whataburger for a late-night snack, running errands at Walmart, or simply commuting to work, road conditions and driver behavior can make driving stressful.
A few weekends ago, while traveling on Highway 31 East from Tyler to Kilgore, I saw something surprising. A driver in front of me decided to pass another car by using the right-hand shoulder—even though we were all driving at the speed limit! This made me wonder: Is driving on the right shoulder legal in Texas?
Can You Drive on the Right Shoulder of a Roadway in Texas?
The short answer is: Yes, but only under specific conditions.
According to the Texas Transportation Code Chapter 458 Section 058, a driver can use the improved right shoulder of a road legally, but only if it meets one of the following conditions:
Legal Reasons for Driving on the Right Shoulder
- To stop, stand, or park (when allowed).
- To accelerate before merging into the main lane of traffic.
- To slow down before making a right turn.
- To pass another vehicle that is:
- Slowing down or stopped.
- Disabled.
- Preparing to turn left.
- To allow a faster vehicle to pass (when required by a traffic sign).
- To avoid a collision in an emergency.
Why Passing on the Right Shoulder is Illegal
While the law does allow driving on the shoulder in certain cases, using it to pass another moving vehicle is illegal. The driver I saw on Highway 31 was breaking the law and putting others at risk.
The Texas Department of Transportation (TxDOT) has made several improvements to roads like Highway 31, adding alternating passing lanes every few miles. These lanes are designed to help slower traffic move to the right and allow faster vehicles to pass safely on the left.
By passing on the right shoulder, the driver I saw was creating an unnecessary danger. If a police officer had been present, they could have issued a citation for this unsafe maneuver.