On Tuesday, August 13, 2013 9:01:15 AM UTC-7, jgar the jorrible wrote:
> On Tuesday, August 13, 2013 7:44:16 AM UTC-7, Harry K wrote:
> > On Tuesday, August 13, 2013 4:20:54 AM UTC-7, Michael Angelo Ravera wrote:
> > > On Monday, August 12, 2013 8:44:53 AM UTC-7, jgar the jorrible wrote:
> > > > On Friday, August 9, 2013 8:41:01 PM UTC-7, Michael Angelo Ravera wrote:
> > > > > Although I doubt you would be cited for it and if cited, the defense of "necessity" might come into play if you took it to court, passing safely by driving your entire vehicle to the left of a double yellow line when the "open dash" is not on your side doesn't appear to be legal in California.
> > > > I think if any LEO saw you doing that he would be upset and would cite you on the spot. They've all seen the results of a bad pass.
> > > > And the judges have heard it all too, you better have video of a landslide coming after you for a necessity defense.
> > > > And as much as I'll rail against some of what I've seen LEO's and judges do, and bitch and moan about places where engineers changed a passing zone into a no-passing zone, I think they are right here. Jeez, it's stupid. They usually make it a no-passing zone because it's a bad place to pass!
> > > The kind of situation that I am talking about here where you would not likely be cited and where the defense of necessity might be used is in passing a vehicle that is traveling SO slowly that what you are doing might be better referred to as "avoiding an obstacle" than "overtaking and passing" -- One where it takes less that 4 times the length of your vehicle to get around. But, as I have said, passing another vehicle by driving your entire vehicle to the left of a double yellow line where the dash isn't on your side, has no codified exception in California.
> > The few states I checked, including Washington, also had no codification for it. I would suppose that all states, like Washington, have a provision somewhere for allowing passing an 'obstruction'. Of course defining "obstruction" is probably left up to the judge to determine :)
> I agree with you, but keep in mind things like 07.D.06 in
http://www.dmv.ca.gov/pubs/curriculum/Unit%207.pdf I think Ravera making an equivalency between a slow moving vehicle and an obstruction would blow back in your face; the difference being between an objective obstruction and merely hindering your progress. This would translate in the real world to how much of a dick the LEO is. There's quite a size variance there, I know I've been surprised when they've been reasonable - "I changed lanes quickly when the car in front of me slammed on the brakes because I knew I could stop my Corvette much faster than the VW van following me too closely," "Our motorcycles were too light to set off the signal detector in the turn lane in front of the police station" are two that I got away with - reasonable explanations accepted by reasonable LEOs. Oftentimes they just care that you're not drunk or aggressive.
> This weekend, a group of bicyclists spread out on a narrow winding rural road, some riding two abreast, no shoulder. Cars in front of me too a-scared to go over the double line. We just had to wait until they got to a wider spot in the road for the cars to pass. I went over the double yellow to pass a few, more to give them some space and not scare the shit out of them then anything else. I was thinking a cop going the other way seeing this might not be happy. Some bicyclists in this area are real assholes, but these just seemed clueless weekenders. The road in question used to have a single broken line, but there were too many accidents. One of them was my neighbor, totaled his cherry '62 356 Porsche he had since 1964.
My point is only if you can "pass them like they are standing still", then your situation is more of "avoiding an obstruction" that of a "passing a vehicle".
... And I repeat "No codified exception in California".