While driving into work on Thursday, traffic was backed up for the stop light at the intersection where my office building is located. To enter the office park, one must make a right turn at the light. The right turn lane is a continuation of the improved shoulder of the road. I reduced my speed to below 20 mph as I approached the slowing and stopped traffic, signaled, and moved right, from the main portion of the highway onto the improved shoulder where I cautiously passed the stopped traffic and approached the intersection.
While doing this, I passed an Austin PD cruiser. Officer friendly hit the lights and pulled out behind me. I assessed the situation and decided that for safety reasons it would be best to continue with the right turn at the intersection and enter the parking lot instead of stopping on the improved shoulder which would force the APD officer to stand within inches of rush hour traffic, and block traffic trying to make the right turn into the office park. The distance covered from the time the officer hit the lights to the parking lot is about 300 yards at the very most.
I rolled down the window, turned off the engine, and placed both hands on the steering wheel. The Officer admonished me for not stopping on the shoulder as soon as he hit his lights. The Officer took my DL and proof of insurance, went back to his car, then presented me with a traffic violation for "Drove on improved shoulder in violation of 545.058". No other violations were noted on the citation. I remained emotionally neutral for the entire encounter.
www.capitol.state.tx.us/statutes/docs/TN/content/word/tn.007.00.000545.00.docSec. 545.058. DRIVING ON IMPROVED SHOULDER. (a) An operator may drive on an improved shoulder to the right of the main traveled portion of a roadway if that operation is necessary and may be done safely, but only:
(1) to stop, stand, or park;
(2) to accelerate before entering the main traveled lane of traffic;
(3) to decelerate before making a right turn;
(4) to pass another vehicle that is slowing or stopped on the main traveled portion of the highway, disabled, or preparing to make a left turn;
(5) to allow another vehicle traveling faster to pass;
(6) as permitted or required by an official traffic-control device; or
(7) to avoid a collision.
(b) An operator may drive on an improved shoulder to the left of the main traveled portion of a divided or limited-access or controlled-access highway if that operation may be done safely, but only:
(1) to slow or stop when the vehicle is disabled and traffic or other circumstances prohibit the safe movement of the vehicle to the shoulder to the right of the main traveled portion of the roadway;
(2) as permitted or required by an official traffic-control device; or
(3) to avoid a collision.
(c) A limitation in this section on driving on an improved shoulder does not apply to:
(1) an authorized emergency vehicle responding to a call;
(2) a police patrol; or
(3) a bicycle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
It appears to me that I was issued a traffic citation for obeying the law to the letter. Am I misreading the statute above? I don't think I have broken ANY laws in this matter, but I just want to make sure before I decide my next course of action.
Thanks in advance for your considered thoughts and opinions.