Driving on the Shoulder

Scott Scherr • April 10, 2024

Driving on the shoulder is illegal with one exception.

We have all seen people driving on the shoulder of the beltway during rush hour. Certain individuals will pull over to the shoulder to try to get around backed up traffic. It is illegal. I have seen many people receive traffic citations. It is a 1 point ticket and carries a $110.00 fine. If it contributes to an accident, it is a 3 point ticket and a $150.00 fine.


The shoulder is designed for emergency vehicles such as police, ambulances, fire and tow trucks. It is also there for vehicles to pull over in the event of an accident so the highway is not blocked.  The purpose of the shoulder is not to allow cars to drive on it.


In 2017, the legislature amended Md. Ann. Code, Trans. Art., Section 21-304 to allow one exception. If a car in front of you is making a left turn, you may drive on the shoulder to the right to pass the car so long as there is unobstructed pavement allowing you to do so. In other words, you cannot drive onto a dirt shoulder to pass the car and you cannot use the shoulder to pass a slow moving vehicle going straight.


The police have stepped up enforcement of traffic violations for driving on the shoulder of a roadway. Judges do not take too kindly to people that do it. You are better off staying on the highway even if it delays your arrival to your destination by a few minutes.

By Scott Scherr • October 7, 2026
It is illegal to drive with an open container in Maryland.
By Scott Scherr • September 23, 2026
Judges are sending people to jail. You should be proactive to maintain your freedom.
By Scott Scherr • September 17, 2026
New Laws Are Coming Soon
By Scott Scherr • August 27, 2026
Artificial Intelligence Can Be Useful, But It is Often Flawed
By Scott Scherr • July 27, 2026
The MVA Will Soon Start Fining Maryland Residents With Out of State Tags
By Scott Scherr • July 17, 2026
A Motion to Suppress Can Keep Out "Fruit of the Poisonous Tree."
By Scott Scherr • June 24, 2026
The County and Judge Can Have a Major Impact on Your Case.
By Scott Scherr • June 16, 2026
You can likely avoid a reckless driving by paying a related speeding ticket. Should you do it?
By Scott Scherr • May 18, 2026
Almost all criminal and traffic stops have bodycam video.
By Scott Scherr • May 7, 2026
Several new laws will take effect on October 1, 2026.