Welcome to our weekly Vehicle and Traffic Law safety announcement.
The "tiger striping" pictured is an indication that motorists are not to travel in this area as a turning lane or a passing lane. This specific location, Vestal Parkway East at Jensen Road is notorious for this violation. There are only designated left turn lanes at the location meaning that motorists wishing to make a right-hand turn must do so from the right-hand lane (not the shoulder) of travel when traffic is moving along Vestal Parkway East. Entering the shoulder or "tiger striping" at these locations is illegal and unsafe since this area is designated for use by bicyclists, pedestrians, emergency vehicles, tow trucks and highway maintenance crews. Motorists who occupy the shoulder to make a right hand turn also subject themselves to liability during an accident if another motorist is also making a right-hand turn from the right-hand lane of travel.
Vehicle & Traffic Law Section 1131- Driving on shoulders and slopes:
Except for bicycles and those classes of vehicles required to travel on shoulders or slopes, no motor vehicle shall be driven over, across, along, or within any shoulder or slope of any state controlled-access highway except at a location specifically authorized and posted by the department of transportation. The foregoing limitation shall not prevent tow trucks from using shoulders or slopes in as limited and incidental a manner as practicable when dispatched to the scene of an accident by a law enforcement agency or an authority, department or agency having jurisdiction over such controlled-access highway and all lanes are obstructed by traffic, provided, however, that the foregoing shall not relieve the driver of a tow truck from the duty to drive with due regard for the safety of all persons nor shall such provision protect the tow truck driver from the consequences of his or her reckless disregard for the safety of others and shall at all times operate such tow truck in compliance with all standards of care imposed to prevent those injuries or damages to persons or property of another which may result from the operator’s negligence, recklessness or intentional misconduct, nor shall it prevent motor vehicles from using shoulders or slopes when directed by police officers or flag persons, nor does it prevent motor vehicles from stopping, standing, or parking on shoulders or slopes where such stopping, standing, or parking is lawful.
If you violate the prohibition against driving on the road shoulder and you travel in this location on any state-controlled road, you could be ticketed and pay a fine. Upon conviction, driving on the road shoulder will result in two points on your license.