HOV Lane Expereinces

[Joe461]

Originally Posted by ovi8

It's not the law in NY: Left-Lane Passing Laws: A State-By-State Map

I've seen those "state by state" summaries and don't believe they are 100% accurate.

NYS VTL
Article 25, Section 1120 (b)
In addition, upon all roadways, any vehicle proceeding at less
than the normal speed of traffic at the time and place and under the
conditions then existing shall be driven in the right-hand lane then
available for traffic, or as close as practicable to the right-hand curb
or edge of the roadway, except when overtaking and passing another
vehicle proceeding in the same direction or when preparing for a left
turn at an intersection or into a private road or driveway.

There is also a violation of this section called: "Failed to keep right (slow moving vehicle)."

So while there may not be a specific "left lane passing" law, there is certainly a "slower traffic keep right" law.


We can certainly agree that common courtesy (if not safety) dictate a "keep right, except to pass" policy whenever feasible.



edited to add: the link you provided does not have NY on any of it's lists, but does show it in "yellow" indicating what I wrote - "Must move if driving slower than normal traffic."

[Mrpepelepeu]

going 55 is not slow moving vehicle!
That's the maximum speed allowed actually

[trusso11783]

Originally Posted by 123abc123

As a reminder - the left lane IS A PASSING LANE on all roadways that have more than one lane of traffic...

If you are going 55 in the HOV you need to exit - I see a lot of out of state (as well as NYS) plates that don't get it.

Thiugh the HOV lane is located on the left, it is not a left lane. Anyone who has more than one person in the car is allowed to use it. If they go 55, they still can use it. They don't have to sit in traffic simply because they do not wish to speed.

[ChuckyIsInLI]

FYI -To Be Considered A Passenger In The HOV You Have To Be*Alive! - Local Matters - Smithtown Matters - Online Local News about Smithtown, Kings Park, St James, Nesconset, Commack, Hauppauge & Ft. Salonga

I just came across this. And have read of others using similar tactics like mannequins in the backseat. Or a stuff animal in a child seat.

I wonder how much was the fine. All just for saving 5 minutes each way.

[martinjsxx]

Has anyone ever successfully beaten a speeding ticket with the defense that they were going the "speed of traffic at the time and place and under the conditions then existing"?

[Joe461]

Originally Posted by martinjsxx

Has anyone ever successfully beaten a speeding ticket with the defense that they were going the "speed of traffic at the time and place and under the conditions then existing"?

Yes, although I cannot remember all the details.

Some years ago there was a case in NJ (if memory serves). Driver was exceeding the posted speed limit. Argued something along the lines of "conditions permitting" and got away with it. Pretty sure this was all pre-internet. There were articles in the newspapers at the time.

As a practical matter, that kind of defense is useless these days. Speed limits are an arbitrary number designed to give police maximum power to ticket at will. Many experts and policy makers openly admit that highway speed limits are set with the assumption that people will travel 10-15 mph over the posted limit. In effect, it is an admission that 55 really means 65-70. The beauty of it is that they can still collect a tribute from those traveling 59mph.

Speed limits are supposed to be set using the 85th percentile rule.

A good explanation borrowed from a state government document:

"Engineers recommend setting limits at the 85th percentile speed, where 85% of freely flowing traffic travels at or below that speed under ideal road conditions. The 85th percentile method is considered the best way to represent what is “reasonable” and “proper” as perceived by the motorists. When 85% of drivers voluntarily comply with speed limits, it is possible and reasonable to enforce these limits."


If that method were used around here, Nassau and Suffolk counties would go broke. Even after factoring in all the police they could retire because there was nothing for them to do.