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  #121  
Old 09-08-2010, 01:59 PM
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Good grief.

The statute refers to "signs" or other markings that must clearly indicate the beginning and end of a no-passing zone. This is usually interpreted to mean that there must be a sign. You see them now and then, they usually say "No Passing On Double Yellow Line", or something like that. Or "End No Passing Zone". In states with these kinds of rules, the double yellow is considered "cautionary", like a yellow light on a stop light, absent a specific indication (by a "sign") otherwise.

Honestly, I wish I had time to assemble all the statutes and rules and lay them out here for you. I just don't. If you google a few searches, you will quickly find lots of references to various state laws. I'm not pretending that these quick search results "carry the force of law", but if you care, you can take it further and pin down all the statutes. I just don't happen to care enough.

But here http://nathanpurmort.blogspot.com/20...w-line-in.html you can find quotes from the VT drivers manual and the following:

Major highways are marked with yellow center lines which serve two purposes....the lines show if you should or should not pass. If there is a solid line or two solid lines, it is recommended that you do not pass. If there is a solid line but a broken line in your lane, you may pass if it is clear ahead. If there is a solid line in your lane but a broken line in the other lane, you should not pass, but the motor vehicle in the other lane may pass. ...So there it is. Passing on a double-yellow line in VT isn't illegal, it's just not recommended! I suppose that carries different connotations than saying it's legal, but the functional result is the same.


Other discussions of the VT law are all over the internet. Here's another one:

http://us.tickets.cheap.estdeals.com...ow-in-vermont/

Where the following is among other comments made:

The double-yellow-passing rule was established so people could legally pass farm and logging equipment traveling on public roads. Over the years, due to a mis-wording in the law, it has been legally defended in court. So yes, you can legally pass as long as you are not speeding. Unless it is a marked “No Passing” zone.

My comment about this was based on my own knowledge and experience with some of these laws, in court. I was not just shooting off my mouth (ah-hem). But I have now given much more time to the subject than I really care to. Hopefully, you will find some of the above helpful.

Mark
 

Last edited by Just-a-Guy; 09-08-2010 at 02:01 PM.
  #122  
Old 09-08-2010, 02:02 PM
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"i'm not a lawyer but i play one on a message board"

it's amazing, lawyers must not be very busy since they comprise about 95% of all message board participants.
 
  #123  
Old 09-08-2010, 02:19 PM
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Originally Posted by Just-a-Guy
Good grief.

The statute refers to "signs" or other markings that must clearly indicate the beginning and end of a no-passing zone. This is usually interpreted to mean that there must be a sign. You see them now and then, they usually say "No Passing On Double Yellow Line", or something like that. Or "End No Passing Zone". In states with these kinds of rules, the double yellow is considered "cautionary", like a yellow light on a stop light, absent a specific indication (by a "sign") otherwise.

Honestly, I wish I had time to assemble all the statutes and rules and lay them out here for you. I just don't. If you google a few searches, you will quickly find lots of references to various state laws. I'm not pretending that these quick search results "carry the force of law", but if you care, you can take it further and pin down all the statutes. I just don't happen to care enough.

But here http://nathanpurmort.blogspot.com/20...w-line-in.html you can find quotes from the VT drivers manual and the following:

Major highways are marked with yellow center lines which serve two purposes....the lines show if you should or should not pass. If there is a solid line or two solid lines, it is recommended that you do not pass. If there is a solid line but a broken line in your lane, you may pass if it is clear ahead. If there is a solid line in your lane but a broken line in the other lane, you should not pass, but the motor vehicle in the other lane may pass. ...So there it is. Passing on a double-yellow line in VT isn't illegal, it's just not recommended! I suppose that carries different connotations than saying it's legal, but the functional result is the same.


Other discussions of the VT law are all over the internet. Here's another one:

http://us.tickets.cheap.estdeals.com...ow-in-vermont/

Where the following is among other comments made:

The double-yellow-passing rule was established so people could legally pass farm and logging equipment traveling on public roads. Over the years, due to a mis-wording in the law, it has been legally defended in court. So yes, you can legally pass as long as you are not speeding. Unless it is a marked “No Passing” zone.

My comment about this was based on my own knowledge and experience with some of these laws, in court. I was not just shooting off my mouth (ah-hem). But I have now given much more time to the subject than I really care to. Hopefully, you will find some of the above helpful.

Mark
I notice that you are now focusing on VT as the PA statutes do state "or" makings on the roadway, which would make the roadway markings binding. If signs were explicitly required, the statute would read, "signs and other roadway markings". However, the statute reads, "signs or other roadway markings". It difficult to imagine any situation in which a double-yellow line does not constitute "other roadway markings".

With respect to VT, I must also disagree. While the VT wording may have allowed sporadic success in lower courts, it is by no means clear and certain that the act is indeed legally permissible except in cases where the roadway is being obstructed (see 23 V.S.A. § 1031 for this exemption). The fact that 23 V.S.A. § 1031 is explicitly referenced in 23 V.S.A. § 1036 indicates that the legislators clearly intend there to be no other exceptions.

I have been unable to find any governing higher-court opinions on these laws which suggests that these "technicalities" exist more in the fact that local DAs will not pursue appeals on traffic citations (high cost, low reward) than with anything in the actual statutes. I simply cannot see your interpretation prevailing in a sustained challenge.
 
  #124  
Old 09-08-2010, 03:51 PM
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this is all very interesting, but the way i understood the first post (dealing with this subject) was that it was illegal to cross the double yellow even if making a left turn. then the other poster said, that you could cross the double yellow if you were turning left.

nowhere did i see anything about anyone saying it was legal to pass.....
 
  #125  
Old 09-08-2010, 03:56 PM
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  #126  
Old 09-08-2010, 04:03 PM
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  #127  
Old 09-08-2010, 04:08 PM
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Really you guys still think this was not embellished by the so called “victim” and sensationalized buy the reporter even more? What sheep are we! Im focking amazed! fighting over traffic code REALLY? LOL
 
  #128  
Old 09-08-2010, 04:12 PM
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Originally Posted by cotnballs
Really you guys still think this was not embellished by the so called “victim” and sensationalized buy the reporter even more? What sheep are we! Im focking amazed! fighting over traffic code REALLY? LOL
you should see them fight over fingerless gloves
 
  #129  
Old 09-08-2010, 05:22 PM
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Originally Posted by Just-a-Guy
Good grief.

The statute refers to "signs" or other markings that must clearly indicate the beginning and end of a no-passing zone. This is usually interpreted to mean that there must be a sign. You see them now and then, they usually say "No Passing On Double Yellow Line", or something like that. Or "End No Passing Zone". In states with these kinds of rules, the double yellow is considered "cautionary", like a yellow light on a stop light, absent a specific indication (by a "sign") otherwise.

Honestly, I wish I had time to assemble all the statutes and rules and lay them out here for you. I just don't. If you google a few searches, you will quickly find lots of references to various state laws. I'm not pretending that these quick search results "carry the force of law", but if you care, you can take it further and pin down all the statutes. I just don't happen to care enough.

But here http://nathanpurmort.blogspot.com/20...w-line-in.html you can find quotes from the VT drivers manual and the following:

Major highways are marked with yellow center lines which serve two purposes....the lines show if you should or should not pass. If there is a solid line or two solid lines, it is recommended that you do not pass. If there is a solid line but a broken line in your lane, you may pass if it is clear ahead. If there is a solid line in your lane but a broken line in the other lane, you should not pass, but the motor vehicle in the other lane may pass. ...So there it is. Passing on a double-yellow line in VT isn't illegal, it's just not recommended! I suppose that carries different connotations than saying it's legal, but the functional result is the same.


Other discussions of the VT law are all over the internet. Here's another one:

http://us.tickets.cheap.estdeals.com...ow-in-vermont/

Where the following is among other comments made:

The double-yellow-passing rule was established so people could legally pass farm and logging equipment traveling on public roads. Over the years, due to a mis-wording in the law, it has been legally defended in court. So yes, you can legally pass as long as you are not speeding. Unless it is a marked “No Passing” zone.

My comment about this was based on my own knowledge and experience with some of these laws, in court. I was not just shooting off my mouth (ah-hem). But I have now given much more time to the subject than I really care to. Hopefully, you will find some of the above helpful.

Mark

My 16 year olds text book says "double yellow lines mean no passing".

Nothing in there about "if accompanied by a sign".
 
  #130  
Old 09-08-2010, 05:29 PM
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15 posers beat a cager? Huh? Sounds like one of those cheap B grade movie's Hollywood produced back in the 60's. If the cager was at fault, and it required 15 posers to render justice; well then all the posers need to be slapped around and put back in the kitchen where they belong. Oh no! Please don't take my lunch money. Ahhhhhhhh The poser drama lives on. What a bunch of schmucks.
 


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