When is it legal to pass another vehicle using the shoulder of a road?
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Always.
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Never.
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When the shoulder is unpaved.
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When there’s a vehicle in front of you in the passing lane.
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Explanation
You must never drive off the pavement or use the shoulder (paved or unpaved) to pass another vehicle, whether on the right or the left. Other drivers do not expect vehicles on the shoulder and may pull off without warning. Pedestrians and bicyclists may also be using the shoulder.
It is illegal to drive on the shoulder except in an emergency or when directed by law enforcement or traffic control officials.
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This question appears in the following DMV practice tests: