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Passing in a no passing (PA)

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  • Passing in a no passing (PA)

    I just need some clarification on this. IIRC I read somewhere that you could actually pass in a no passing zone if the person you were passing was going under the speed limit by a certain amount (I think 15mph so like 40 in a 55) and you had clear sight lines.

    The reason I ask this is there is a long straight stretch of road near where I live that I use frequently. I've measure distances of it and other roads and there are other roads with much much shorter straight aways than this, lined with trees and yet they have passing zones. This road is very open, field on both sides, and straight to the tune of 2 miles. It is not a residental or commercial area and the closest school is about three miles away on another road which you have to take at least two more roads to get to. For some reason there is no passing zone whatsoever on this section of road.

    So am I correct in regards to PA law of there being circumstances in which you can pass in a no passing zone or was I dreaming?
    Note: Unless I specifically say something to the effect of I'm trying to get out of a ticket or whatever, please, don't think I'm trying to "point the finger" to make myself look innocent. Usually, I'm just trying to find things out ahead of time.



    Only an absolute idiot will do a smoky burnout directly in front of a large, clearly marked, brand new white Ford Expedition police vehicle during daylight. That being said, I graduated with absolute idiots.

  • #2
    Subchapter A - General Provisions.
    § 3307. No-passing zones.
    (a) Establishment and marking.-The department and local authorities may determine those portions of any highway under their respective jurisdictions where overtaking and passing or driving on the left side of the roadway would be especially hazardous and shall by appropriate signs or markings on the roadway indicate the beginning and end of such zones and when the signs or markings are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions of the signs or markings. Signs shall be placed to indicate the beginning and end of each no-passing zone.

    (b) Compliance by drivers.-Where signs and markings are in place to define a no-passing Zone as set forth in subsection(a), no driver shall at any time drive on the left side of the roadway within the no-passing zone or on the left side of any pavement striping designed to mark a no-passing zone throughout its length.


    There's your answer, No driver shall at any time.
    "Do not draw me without honor"

    "Do not sheath me without Justice!"

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    • #3
      Ok, thank you for clarification on that one. Still doesn't make sense as to why that stretch of road doesn't have a no passing zone, but oh well. Can't really change that.
      Note: Unless I specifically say something to the effect of I'm trying to get out of a ticket or whatever, please, don't think I'm trying to "point the finger" to make myself look innocent. Usually, I'm just trying to find things out ahead of time.



      Only an absolute idiot will do a smoky burnout directly in front of a large, clearly marked, brand new white Ford Expedition police vehicle during daylight. That being said, I graduated with absolute idiots.

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      • #4
        You can't always believe what you read
        In God we trust all others we run through NCIC

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        • #5
          in my part of PA we have some really weird PASSING zones..makes me cringe when I come up to them...
          Dispatch, we have a 9-11, Armed Robbery in progress. Seay's Surplus Store, corner People's Drive and 124th Street.

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          • #6
            Are you referring to just double yellow lines, or is it posted "No passing zone"? If it's just the lines, you can pass, as long as you are back in your lane 200' prior to an oncoming vehicle or curve, etc. Section b above says "signs AND markings" and is the enforceable part of the section.
            As far as "rights" are concerned; I look at them this way... I don't tell you what church to go to, and you don't tell me what kind of firearm I can own...

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            • #7
              You must be careful about relying on not seeing any signs. The section only requires that the no-passing zone be posted at tne beginning and the end of the zone. Theoretically the zone can be infinately long. I know of a no-passing zone that is 12 miles long and crosses county lines with only signs at each end of the zone. Also many courts in the Commonwealth are using the requirement in subsection (a) and only requiring signs [U]or[U] markings.
              When Society makes war on its police, it better be prepared to make friends of its criminals.

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              • #8
                Originally posted by grog18b View Post
                Are you referring to just double yellow lines, or is it posted "No passing zone"? If it's just the lines, you can pass, as long as you are back in your lane 200' prior to an oncoming vehicle or curve, etc. Section b above says "signs AND markings" and is the enforceable part of the section.
                Where do you get the 200 feet? 200 feet clearance when both vehicles are traveling only 55 mph, at a closing speed of 110 mph (161 feet per second) is cutting it pretty fine. Doesn't sound reasonable.
                § 3307. No-passing zones.
                (a) Establishment and marking.-The department and local authorities may determine those portions of any highway under their respective jurisdictions where overtaking and passing or driving on the left side of the roadway would be especially hazardous and shall by appropriate signs or markings on the roadway indicate the beginning and end of such zones and when the signs or markings are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions of the signs or markings. Signs shall be placed to indicate the beginning and end of each no-passing zone.

                (b) Compliance by drivers.-Where signs and markings are in place to define a no-passing Zone as set forth in subsection(a), no driver shall at any time drive on the left side of the roadway within the no-passing zone or on the left side of any pavement striping designed to mark a no-passing zone throughout its length.
                While I agree, the wording could maybe be better .... it still looks to me like either signs or markings being present will suffice to enable a conviction.


                "That's right man, we've got mills here that'll blow that heap of your's right off the road."

                "Beautiful Daughter of the Stars."(it's my home now)

                >>>>> A Time for Choosing <<<<<

                Retired @ 31yr 2mo as of 0000 hrs. 01-01-10. Yeah, all in all, it was good.

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                • #9
                  FYI, I've had them thrown out, when written without signs present. The enforceable part of the section reads "and", not "or".
                  As far as "rights" are concerned; I look at them this way... I don't tell you what church to go to, and you don't tell me what kind of firearm I can own...

                  Comment


                  • #10
                    §3305. Limitations on overtaking on the left.

                    No vehicle shall be driven to the left side of the center or marked center line of the roadway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and, in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within 200 feet of any approaching vehicle.
                    As far as "rights" are concerned; I look at them this way... I don't tell you what church to go to, and you don't tell me what kind of firearm I can own...

                    Comment


                    • #11
                      Originally posted by grog18b View Post
                      FYI, I've had them thrown out, when written without signs present. The enforceable part of the section reads "and", not "or".
                      Maybe so, but as I read it ...
                      (b) Compliance by drivers.-Where signs and markings are in place to define a no-passing Zone as set forth in subsection(a), no driver shall at any time drive on the left side of the roadway within the no-passing zone or on the left side of any pavement striping designed to mark a no-passing zone throughout its length
                      I agree that it would be better to insert an "or" in place of the "and", but it still seems to me that a section of roadway marked with a set of double yellow lines down the middle between the two opposing lanes is a clearly marked no-passing zone.

                      I cannot believe that a state's legfislature intended to allow passing in the presence of douible solid lnes. If that were our law's exact words and if my state attorney general said otherwise, I'ld then have to yield the point.

                      I didn't post my state's law, as this isn't about my state.



                      I can recall a certain judge who would never accept radar in a speed case. The only convictions in his court that were the result of radar were "prepaid", anyone contesting it was "dismissed" out of hand. Paces were good (and maybe stop watch based cites for all I know). He's retired, still kicking though, ... last I heard.

                      I also once knew another judge (long since deceased, single car wreck, early AM hours, only occupant, no seat belt, DUI)who would not convict a person of running a stop sign if they slowed at all, and would not convict a driver of following too closely unless the officer had followed the pair (the follower and followee) for over a mile ("mile" was his rule) and saw that they were staying too close for the whole mile (try that in a marked unit).

                      Neither one changed the wording or the meaning of the code, they just practiced bad law at times.

                      Last edited by t150vsuptpr; 12-09-2007, 04:21 PM.
                      "That's right man, we've got mills here that'll blow that heap of your's right off the road."

                      "Beautiful Daughter of the Stars."(it's my home now)

                      >>>>> A Time for Choosing <<<<<

                      Retired @ 31yr 2mo as of 0000 hrs. 01-01-10. Yeah, all in all, it was good.

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