View Full Version : Question for PA LEO...(STEVE?)
Can anyone verify a comment made by a state trooper?
It is legal to cross a double yellow line to pass a vehicle if you have 500 feet of visibility.
The trooper is using this to defend his actions against my wife.
Steve in PA
Supposedly this is "legal" due to some case law from many years ago.
It has to do with the double yellow lines (indicating no passing) but lacking the signs (no passing zones) indicating the beginning and end of the zone. In other words on a stretch of two lane road that is marked with double yellow lines, but no signs stating you are in a "no passing zone", if the driver has the 500' of visibility, they can pass another vehicle.
Don't ask me for a copy of the law/coourt ruling as I don't have it but I do remember seeing/reading it.
I would not make a habit of it as I'm sure many police officers are not aware of this and even more, I doubt any magistrates are either.
You must still adhere to the speed limitations.
A quick run-down.
My wife was driving home from work, wet & foggy back roads. She was doing 27mph(in a 35) due to conditions. A pick-up truck was following very close for about 5 miles. The fog cleared as she turned onto another road, the truck followed. This stretch of road has a passing zone. She was still below the speed limit, the truck did not pass. The passing zone ended, the truck tried to pass her.
At this point, my wife became very nervous about what was happening but she knew she did not want the truck in front of her for fear he may try to stop her(now about 22:45-22:50hr). She sped up to well over the posted limit for about 2 miles, jammed on the brakes to make a turn to continue home(about 1/2 mile away).
PA State Trooper came to my house, questioned my wife, then told her he was off-duty and driving the truck behind her.
He cited her for 75 § 3361 Driving @ safe speed greater than reasonable or prudent for conditions.
When asked about about his attempt to pass, we were told it is legal.
I do believe we will be seeing him in court.
Steve in PA
He did this off-duty????? Sounds like a real bonehead. Tell your wife to plead not guilty then state the concerns you mentioned.
He did this off-duty?????...
Yes, off-duty. My theory is he was late for his shift. From where he got behind her to his station would have put him 5-10 minutes late on a clear, dry night.
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