Anybody know what the law says regarding your speed when you pass.

I rarely glance down at the speedo (I concentrate on the tach) when I pass but happened to have a look today as I passed a rig and some slow moving cars - 160 km/h in an 80 km/h zone!

I have to think you're allowed to go faster than the speed limit when you pass, otherwise to pass someone going 5 under would be a very lengthy process.

 

This is barely worth a response. If the posted speed is 80, and you're going 160, you're wrong. It is likely you'd be explaining that one to the judge!

 

In the States, if the police wish you can be pulled over for speeding, no matter how much over. The "passing" excuse will not hold any merit. Most of the time you will be given some leway (sp?) but if you bust past someone and you are severely over (in your case double the speed limit) you will be pulled over and will be cited if you use that "passing" excuse.

Just use your head.

 

Well,

a) keep your abrasive comments to yourself, newb.
b) Not what I asked.
c) If you don't know the answer to the question, then take your own advice and don't post a response.

 

Check with your local police/DMV. Every state (or province?? in canada) has its own set of traffic laws. Technically if you are passing someone , it should be because they are going slower than the speed limit and you are going the correct speed.

 

Dude, there is no reason to get hostile here. This is traffic 101 from when I was like 15. We all know that there are tolerances for speeding. Most officers (and I work with one) allow severalMPH/KPH variance in speed.



a. Abrasive: To be honest, you're lucky I didn't type what I thought when you read your post in the first place.

b. What you asked: There is no 'I can speed when I pass law' WTF are you thinking?

c. Don't know answer: This is common sense.

If you are going over the speed limit, whatever the reason, you are speeding. I don't care if it is passing, going down a big hill or whatever, you are speeding.


Also, since you started something here...You should've really thought this out before YOU posted a dumbass question like that. Have a good day!

 

You're probably right, but this means that 'legally' passing someone would be a very rare and dangerous thing. Passing somebody with only a 5 or 10 km/h (or 3 to 6 mph) differential would take quite a bit of time, which means you wouldn't be able to pass 90% of the time.

Perhaps, as was suggested, the law says you are supposed to stay under the speed limit but the cops look the other way, within reason, while you pass.

 

well, all i can say is this... I was caught speeding several times and wanted to say the same thing to the DA or to the judge that I was passing someone. My friend was playing devil's advocate in saying "you cannot break the law to pass someone on the road". I didn't want to hear it but now that I think about it..it makes sense.

Andy

 

police don't give a crap about how long it takes you to get anywhere, so in their minds there is NO NEED for any provision to allow for passing at any time, even the 10% or so would be more than enough for them...

 

A couple of weeks ago I was on a rural secondary highway and I come up on this cop travelling right on the speed limit (100k). I figure what the fuuck, I'll pass him slowly. So I creep past him, (probably didn't break 105-106) and my co-worker who was with me looked over at the cop who look surprised that I passed him . I finish my pass and then the cop hits the lights and pulls me over. He asks me why I passed him if he was doing the speed limit. I said that my speedo said that he was only doing 95. I knew he wasn't going to give me a ticket for 5k over the limit. He also commented on my front window tint (which is illegal here) and said I should take it off. No tickets or anything because I had lic/ins/reg ready for him, I wasn't a smart ***, and I'm over 30. If I was younger than 20 I would have got a ticket for the tint.

So Eric, you can't legally speed to pass.

 

My hostility stems from your derisive comment about "This is barely worth a response", implying that this is such a stupid question and I am an idiot for asking it. I think this is a valid question.

WTF I am thinking is that passing somebody who is going 5 under while staying under the speed limit is dangerous as it increases the duration of the pass and the amount of time you spend in the oncoming traffic lane. It would also make passing next to impossible unless you had rare window to pass. Maybe, just maybe, there is something in the law which allows you to go a given amount faster while passing.

There are other examples where normally illegal activities become legal given the right circumstances. Driving on the shoulder of the road and/or passing on the shoulder is illegal where I live, but if I swerve onto the shoulder to avoid a collision, its ok.

Heck, in the US you can legally steal somebody's car if you're life is in immediate danger and you need to 'commandeer' somebody's vehicle in order to save your own life.

If the answer to my question is that, as far as you know, the speed limit still applies by law and that it depends what mood the officer is in, then that's all you need to say. I don't think that starting the post with "Man, this is such a stupid question that its barely worth my time to reply" is necessary on constructive.

If you think its a stupid question, then by all means stop wasting your time and go onto another thread where the intellectual content is more to your liking.

 

I did something really stupid once. A cop came on the highway on-ramp. I was doing 140 km/h in 100 km/h highway so I slow down to 110.
The cop couldn't tell I was speeding when he came on so he just kept going in front of me at 120 km/h. (everyone does 120 km/h on the highway). I decide to pass him at 122 km/h. After I pass him, he turns on his lights and pulls me over. The first thing he says is: "I'm not even going to ask" (why I passed him). I told him, you were doing 120! He answers, if I was doing 120 I must have one powerful car. He had a Ford Crown Victoria. I was like, what? That car can easily do 200km/h+! He answers, no it can't, ask GM. That's when I gave up. He didn't even know what type of car he was driving. Anyway, he gave me a ticket for doing 120. I always get ****ed when I see cops do illegal stuff like speeding, left turns when you're not allowed (blocking everyone behind), cutting people off, failing to stop at stop signs (like not slowing down at all), etc. when their lights aren't on. The way I see it, they should set the example and respect all traffic laws UNLESS they have their lights on. I'm sure they're allowed to do all that. It's probably written somewhere that cops can ignore traffic laws even when they don't have their lights on but it just ****es me off.

 

I always know when there's a cop on the highway when I'm on my way home because there will be this long queue of cars going exactly 100 km/h in both lanes (when everyone normally does 120 km/h). Its like a rolling road block.

I guess this answers my question. I wish the laws could be rewritten to remove the officer's discretion from the picture.

A few years ago here in Canada a fellow was nailed for doing 120 km/h on the 401, where the posted speed limit is 100 km/h. He went to court and pleaded that everyone does 120 km/h and that 100 km/h was not a realistic speed on the highway. The judge disagreed and fined him the full amount.

A few later this guy got together with a friend of his in another car, hopped on the 401, and drove side by side (blocking both lanes) at precisely 100 km/h. They caused a massive traffic jam and got pulled over again and charged with some other motor vehicle offence.

They ended up back in court and basically stated that the court was contradicting itself by fining them for speeding and then fining them for going the speed limit. Judge disagreed again and fined them for the other offence.

:

 

I remember passing a NYS Trooper one time. He was doing 50mph as the posted speed limit. I crept up past him (i was in the left lane and he was in the far right..middle lane empty). As soon as I passed him, the light kicked on. Got this lecture about passing him, etc.. but was lucky cause a call on the radio got to him about a deadly accident that just happened. so don't pass a cop no matter what! you'll get him angry

Andy

 

It kind of is a silly question. Speed limits are speed limits all the time. Someone said he learned you could exceed the speed limit but maybe the law changed when they started paving roads so something.

I posted a link to the New Hampshire speeding laws here (scroll down):
http://forums.maxima.org/showthread....5&pagenumber=2

 

In MA, on a roadway other than a thickly settled area, the law says your speed won't be faster than the posted speed for more than 1/4 mile. I guess technically, it is legal to speed to pass here, but that 1/4 will get eaten up awfully fast if it's a high speed pass.

 

I'd say it depends on the situation.

On a trip to Dallas once you pass by this long stretch of highway that's only one lane each way. Normally if someone wants to pass you you slow down and get slightly on the side of the road just enough for the car to squeeze through (also making sure there's no incoming traffic).

Anyway, it so happened i was behind a big rig and there were around 4 other cars stuck behind me. We were all going around 5-10mph below the posted limits.

Incidentally a police car was one of those 4.

I took the chance and passed the bigrig in the incoming lane going a bit more than the posted speed (to be sure i made it in time w/o having to wait until i see someone in the incoming lane).

After i did that, all the other cars did the same - including the police car.

We all went our way after that, no lights, no pull-overs, nothing.

 

cmon, you know that to effectively pass another car going the speed limit, or even 5 below, you have to gun it, and go about 20-30 mph faster than they are, especially when you have such a small window through the oncoming traffic. if a cop sees you going that fast over the limit, hes going to pull you over. even tho you know it makes sense, and i know it makes sense, and everyone else knows it makes sense, the cop wont care. bottom line is the speed limit is what the little sign on the side of the road says it is. i just took a trip down to key largo, and on US1 all the way down there, its just one lane in each direction. there were designated "passing zones" where one side of the road would open into 2 for about a mile, and it turns into a free-for-all. everyone guns it to pass everyone else, and everyone ends up going well over 100mph. now if a cop saw that, do you think he would just let it go cuz we were passing eachother?

 

Ok, Eric. Let us both be civilized. There is no reason we can't get along since we are both driving Maximas. I agree that it really bites, when it someone is in the passing lane going at or just under the speed limit. Especially since I am always above the speed limit. Just keep this in mind. Speeding is speeding, and we will all eligible for a ticket no matter the reason. You and I both know that on that lonely stretch of highway we're gonna throw her in to forth and fly by that slow moving car. However, we have to accept the consequences. I am sorry if I insulted you, it certainly wasn't my intent. Lighten up!

 

i drove in wing formation with my friend from nyc to michigan the whole way... no a-hole could pass us... and we were watching each other's blind spots...

and 99% people on the road didn't complain... went 90mph all the way...
it was fun...

 

soundmike - it doesn't depend on the situation. It was illegal, the cop just chose not to enforce the law.

iwannabmw - I live in NH and would like some clarification on that 1/4 mile rule... please show me where it is in the Mass laws
http://www.nhtsa.dot.gov/people/inju...98/maspeed.htm

I did find somewhere else that, if there's no speed limit sign it is illegal to "Exceed 50 MPH for 1/4 mile on a divided highway outside a thickly settled area" but that means if there's no speed limit sign, it is illegal to go over 50 within 1/4 mile of a thickly settled area... it does NOT mean you can go over 50mph for 1/4 of a mile.

 

An old boss of mine busted out an Arkansas State Trooper on this very issue once when pulled over; you are allowed to accelerate up to 15 mph over the posted speed limit when passing - only. After passing, you reduce speed to the posted limit.

Buzz

 

i think the law says if you have to exceed the speed limit to pass, you don't need to pass. lame, huh? but since when do the laws make sense?

it also says, if you're going significantly slower than other traffic and/or the limit, you should pull aside and let others pass. but when was the last time you saw a big rig or a wide load or a farm tractor pull over and let the million cars backed up behind them get by? yeah, me either...

guess that's the curse of a car that wants to go faster - not everybody has one

 

where does it say that?

http://www.nhtsa.dot.gov/people/inju...98/azspeed.htm

this is getting silly... it's illegal to go over the speed limit. Period. If not, show me the law.

 

Ok, truce. I do realize that I would of gotten a ticket doing 160 km/h, nor was it my intention to go that fast.

I was actually quite surprised when I looked down and saw the speedo. I guess that's part of the "problem" of owning a 2k2 6-spd Max. Full throttle in 4th gear takes you from doing the speed limit to "no officer, I didn't realize I was going double the posted limit" in a matter of seconds.

 

Don't that just figure, fricking bureaucracy.

I just need to get elected as emperor!

 

it's simple... if you have to speed to pass somebody then you should not be passing them in the eyes of the law.

 

From the Virginia driver's manual:

When passing another vehicle:

- Check the traffic ahead of you, behind you and in your blind spot before you attempt to pass. Signal and then accelerate to pass. Return to the right lane as soon as you can see the front of the passed vehicle in your rearview mirror.
- It is against the law to exceed the speed limit as you pass.
- Complete the pass before you reach a No Passing zone. If you’re still in the left lane when you reach the zone, you’re breaking the law.
- You may pass on the right if the vehicle you are passing has signaled and is making a left turn. Be cautious because the vehicle you are passing may be blocking your view or blocking the view of other drivers. You may not pass on the right if you must drive off the pavement or main portion of the roadway to get around the other vehicle.
- When approaching or passing a person riding a bicycle or moped, pass at a safe distance and at a reasonable speed.
- When being passed, don’t speed up. Maintain a steady speed or slow down.


Passing is prohibited:

- On hills, curves, at intersections or railroad crossings, except on roads with two or more lanes of traffic moving in the same direction;
off the pavement or shoulder of the road;
- When a school bus is stopped to load or unload passengers on a public road (unless a physical barrier or unpaved median separates traffic going in either direction) or on a private road; and,
whenever a solid line marks the left side of your lane.


However, when I pass I routinely get up to at least 20 MPH over. IMO it's less safe to take a long time to make the pass than it is to exceed the speed limit for a brief time.

 

I think it's pretty dumb to have the mentality that passing a cop should always be avoided; I think the cops themselves know this too.

A few weeks ago, I was going home on a 35mph limit street, when I noticed that there was a fricken huge queue of cars going no more than 20mph because the cop in front of them was going that fast (I wonder if he was testing them or something). I thought to myself screw this and passed them ALL, including the cop, going just slightly under speed limite. Afterall, what was the cop going to do? Pull me over for obeying the law?

Shortly after I passed him, the cop pulled up next to me, gave me a nod, and then sped off. AS SOON AS HE LEFT, everyone else started speeding like mad from behind me. Sigh... people these days...

 

I've passed cops many times when they were going under the speed limit, and I've driven right along side them at up to 5 mph over. They don't have a problem with that, but passing them when they're going at or above the speed limit is just asking for trouble.

 

That happens around here too. I pass cops doing about 5 over at the most. Police around like to play with people drive 80 then slow to about 55 or 60 and watch everyone behind go nuts. I've talked to friends who are/were highway patrol and most times they say they didn't care if you slowly passed them. They dislike the groups of cars they get stuck around. If an emergency comes in, they need to to take off, not screw around with the 2 dozen cars hovering around them.

 

I guess so, which is funny. I swear the cops here are one of the strictest around. I even asked a police friend of mine and he said that in the case i stated earlier - it was left to common sense. In fact he stated the police at that time could have actually pulled over the big rig for going below the posted limits and not giving way to faster traffic.

The law is the law until common sense is applied huh?

 

Where did you get that picture of my next car?

 

FreshAlloy

I'm still waiting to see some more pics of the red. There are lots of pics of the silver and blue ones around, but these are the only pics out there of the red I'm getting.

 

definitely trade my 2k2 max for that sweet **** g35...sweeeeet!!

 

Shhhh, I think I hear the moderator coming...

 

Ahh, but I'm not even doing that. The G35c is replacing my Altima (which was totalled last month anyway). I'm looking forward to having a pair of VQ35's in the garage under completely different shells.

Now back to our regularly scheduled topic...

 

You wouldn't let people pass you on purpose? I think it's clear who the "a-holes" are.

 

http://www.state.ma.us/legis/laws/mgl/90-17.htm

The way I read that is the car can be operated faster than the posted speeds, depending on the actual zone, for a specific distance. It doesn't specifically address passing per se. It's all kinda of a technicality because the distances are so short it's almost impossible to pass without slamming on the brakes after to slow back down and the simple fact that if a cop wants to write you, he'll write you up regardless.

 

All this canuck talk is driving me nuts! J/K, I used to live in Toronto, so I got used to it.

While I lived in Toronto there was a bit of a struggle going on between the OPP (Ontario Provincial Police), York Regional Police, and Metro Toronto Police Department...

An unmarked YRP car was stopped for speeding on the 401 by an OPP car. The OPP officer (or constable, or trooper, or whatever!) had observed the vehicle speeding several times before and knew that it was a police vehicle. Anyway, he attempted the stop and the unmarked car lit up his rear lights in his window and didn't stop. The OPP officer persisted and the YRP officer stopped. The YRP officer was a ranking officer, identified himself as such, and attempted to proceed. The OPP officer cited the YRP officer, and the YRP officer left without signing the ticket.

This started a bit of a war...

The different agencies have the ability to troll each others radio frequencies. Sometimes they are even on the same frequencies, using the same dispatchers...point is, they knew when a unit was on a call or not...and if it was determined that they were not on a call and speeding, they would pull each other over!

NUTS! Anyway, I just wanted to let you know that competing agencies watch each other, sometimes to excess.

I am a Reserve Police Officer in Idaho, and am a short drive from Utah...I do not generally carry a firearm into Utah, nor do I speed (enough to get pulled over anyway ) in Utah. The reason is because there is a lot of antagonism between officers in both states. Oh ya, I do use a detector too!

Also, the idea of "professional courtesy" in law enforcement is largely a myth. It does happen a little, but usually only when an officer is stopped by another from the same department and is the same rank as the on duty officer...get stopped by a superior, fuggedabotit. If your speed is excessive, an officer can report you to your department...that is a big bummer!


Now, about the passing issue, it is a sticky one. There is no provision in Idaho law (as far as I know...I am not a lawyer) for exceeding the posted speed limit while passing. That means that I can ticket someone if I want. HOWEVER. I haven't ever done so, with one exception. I have moving radar in the vehicle I drive, and I can use instant on or leave it on. If I see a vehicle up ahead on two lane for instance, that passes a vehicle at 75 mph in a posted 55, I will watch its speed after it makes the pass. If it proceeds at 70 or 75 for any amount of time without immediately slowing down, then I feel good about making a stop and issueing a citation. I usually won't cite someone for under 11 mph anyway, keeps me out of court.

A 30-35 mph pass could put yourself in jail in my state!