Everyone has seen a driver pull onto the shoulder to pass another vehiucle. Is it legal? The answer is, as lawyers are so apt to say, "it depends." In certain circumstances, you can drive on the shoulder so long as certain criteria are met.

The Maryland legislature changed the law to allow a car to drive on the shoulder so long as all of the following criteria are met. First, you can only drive the vehicle on the shoulder if you are attempting to ovetake a vehicle making a left hand turn. You cannot use the shoulder to pass a vehicle making a right turn or going straight. You also cannot pass a vehicle on the beltway by using the shoulder.  You must be attempting to pass a vehicle making a left turn and you must pass the vehicle on its right side.

Second, you must use the shoulder on a paved road where there are no parked cars. Thus, if the shoulder is composed or dirt or grass, you cannot use the shoulder. If there is a parked car, you also cannot use the shoulder. You must keep your entire vehicle on the paved surface of the shoulder.

The only other situation where you can drive on the shoulder is by pulling your vehicle over to the shoulder due to an emergency and coming to a complete stop. There are no other exceptions. In fact, if traffic is slowing down due to an accident, there is likely a police officer ahead who will ticket you if you risk driving on the shoulder when not allowed.