Does this Michigan Law Allow for Passing In the Center Turn Lane?

"Urambo Tauro" (urambotauro)
04/02/2018 at 20:00 • Filed to: traffic laws, traffic myths, passing

I’m starting to think that it might, but only under certain circumstances. Here’s why.

The state of Oklahoma has been on a roll lately, ticketing left-lane campers and others who violate rules concerning center lane usage, thanks to legislation introduced in 2014. Unfortunately, the law contains some hazy language regarding what kind of center lane is being addressed.

!!! UNKNOWN CONTENT TYPE !!!

It’s always interesting to see how other states handle traffic laws. They’re mostly the same, but there are some small differences that can catch you off-guard when travelling. Nobody wants to get ticketed in one state for doing what another state has deemed acceptable. But as fascinating and useful as these differences can be, it’s obviously much more important to be familiar with the state in which you drive the most.

I’d already made myself familiar with my state’s rules regarding left lane usage, but I never really looked at the actual wording when it comes to center turn lanes. For the longest time, I just assumed (as many do) that a center turn lane was ONLY for turning (or for emergency use, such as maneuvering around, say, a fallen tree). Never did I consider that it was a legitimate option for overtaking a slower vehicle.

Oklahoma’s legislation mentions passing as one of the legal uses for the center lane, which blew my mind. This inspired me to take a closer look at traffic laws concerning my home state of Michigan. Here’s what I found:

MLive (especially their fantastic !!!error: Indecipherable SUB-paragraph formatting!!! column) has proven to be a great source for examining questions like this, containing references (and links!) to the actual law on the books, as well as police officer interpretation to help clarify things. And !!!error: Indecipherable SUB-paragraph formatting!!! was no exception.

!!! UNKNOWN CONTENT TYPE !!!

The MLive article explores parts of the Michigan Vehicle Code pertaining to overtaking on a two-way road, quoting MCL !!!error: Indecipherable SUB-paragraph formatting!!! and !!!error: Indecipherable SUB-paragraph formatting!!! (emphasis added).

Upon a roadway that is divided into 3 lanes and provides for 2-way movement of traffic, a vehicle shall not be operated in the center lane except when overtaking and passing another vehicle traveling in the same direction, when the center lane is clear of traffic within a safe distance , or in preparation for a left turn, or where the center lane is at the time allocated exclusively to traffic moving in the same direction the vehicle is proceeding and the allocation is designated by official traffic control devices.

The article goes on to quote a Michigan State Police representative, who attempts to clarify that the “third lane” in question is not a reference to a center “turn” lane, but rather a !!!error: Indecipherable SUB-paragraph formatting!!! , the kind seen on lonely stretches of road where slow, heavy trucks become burdensome to other traffic as they negotiate hills.

The lane markings in such areas support this explanation, but they don’t do anything to debunk the supposed “myth” that center “turn” lanes can be used for passing. So let’s read that statute again, one step at a time:

“Upon a roadway that is divided into 3 lanes and provides for 2-way movement of traffic” Ok, so we’re not talking about the 3 forward lanes one one side of an interstate here. This is a road that has a grand total of 3 lanes, with at least one lane dedicated for travel in either direction.

“a vehicle shall not be operated in the center lane” Under normal circumstances, the center lane in question is “no man’s land”. Anyone who enters the center lane must be leaving it soon.

“except when overtaking and passing another vehicle traveling in the same direction, when the center lane is clear of traffic within a safe distance” This is the first exception. Passing is an acceptable use for this center lane, but only if it can be done safely.

“or in preparation for a left turn” This is the second exception. Pretty self-explanatory. Of course you’d want to turn left from the left-most lane available for forward traffic. We’re not doing hook turns here.

“or where the center lane is at the time allocated exclusively to traffic moving in the same direction the vehicle is proceeding and the allocation is designated by official traffic control devices.” This is the third exception. In this case, the center lane is clearly marked as a secondary forward lane, available only for use by traffic moving in that one direction.

To say that the “third lane” in question is one of these temporary passing lanes, appears to be a direct reference to that third exception. This exception is not phrased as an exception to the legality of using a center turn lane for passing. Rather, the “or” represents that it’s another exception to the rule of “a vehicle shall not be operated in the center lane” .

The MLive piece also offers another interpretation, presented by a reader. And this one seems to explain the proper use of a center “turn” lane in a way that fits the rest of the statute better than the MSP rep’s explanation. He suggests that the center “turn” lane can be used for passing, but only in less-densely-populated rural areas.

He draws our attention to 2 separate three-lane roadways in Grandville, Michigan, each having dedicated center turn lanes for use by traffic in either direction. !!!error: Indecipherable SUB-paragraph formatting!!! is a curbed residential street rated at 25 mph. !!!error: Indecipherable SUB-paragraph formatting!!! , on the other hand, is a rural road with wide shoulders (NOT a valid place for !!!error: Indecipherable SUB-paragraph formatting!!! , BTW). 8th Avenue is at this point unmarked by any posted speed limit (thereby falling under Michigan’s “basic speed law”, where the “general speed limit” would be 55 mph).

It’s not hard to tell which one of these would classify as rural and which one is residential, but both roadways have 3 lanes of travel, and both center lanes are outlined with the same road markings. Without clearer definitions of “residential” and “rural”, how do you tell when passing is allowed and when it isn’t? What about roads that fall somewhere in-between these extremes?

The difference lies not in the posted speed limit, nor in the presence of a shoulder. In fact, we don’t even have to argue over how to classify a street as “residential” or “rural”. The difference lies in whether or not there is any signage to prohibit passing, which might otherwise be totally legal.

MCL 257.642 doesn’t say anything about limiting passing to rural streets only. But it does mention that “regardless of the center of the roadway”, “official traffic control devices” (signs) may be in place to override what we think we know about the road surface markings. Indeed, the Prairie Street example includes explicit “CENTER LANE ONLY” signs. Perhaps those signs are not just a redundancy to tell you what the road markings already have to say about the center lane after all. Perhaps they’re there to tell you when that lane is for turning ONLY. This also explains why these signs are so rare in rural areas, yet much more common in residential ones.

But it’s also important to note that there are times when the center lane markings change, affecting its proper usage. The combination solid/broken lines might become a solid double-yellow on one side, and a solid white line on the other, indicating a dedicated turn lane for an intersection. Not a great place for passing.

Of course, there are other restrictions that affect the legality of passing wherever the target lane may be. State law still prohibits speeding, even during overtaking maneuvers, which means that the vehicle in front has to be going appreciably slow in order to make a fully legal pass within a reasonable distance. And then there are also weather concerns, where sometimes it’s just too risky to use a snow-covered lane that hasn’t been plowed yet... Lots of things to take into account.

And there’s a chance that -even if this is legal- an officer with a less-than-complete understanding of the law might pull you over anyway. You might be able to fight that ticket, and you might even talk your way out of getting the citation, but will you have saved yourself any travel time by passing that slow car if you get stopped by a cop soon afterward? Maybe, maybe not.

Have I overlooked anything? What about your state/province? Does your state allow passing in the center lane?

DISCUSSION (5)

themanwithsauce - has as many vehicles as job titles > Urambo Tauro
04/02/2018 at 20:12

MI resident here. To my understanding, yes the ruling is correct and the way you’re posting it is correct. A secondary use of these lanes is to get around a car that has broken down or been in a crash in more urban/crowded areas. Technically you are “passing” a car. So that wording is there to make sure you are covered. In the same vein, using it to weave around traffic at 65 in a 45 in an area with lots of stores and strip malls would be unsafe and therefore illegal. But yes, I actually remember being told to use the middle Lane to get around hazards if the main travel lane is blocked.

Frank W. Doom > Urambo Tauro
04/02/2018 at 20:18

> when the center lane is clear of traffic within a safe distance

that seems like an odd thing to call out if it’s for the temporary 3rd lane situation. but it would be fitting if you’re making sure you’re not going to conflict with a car waiting to turn.

side note but for what length of the road would that center-turn only sign apply, or a speed limit sign or any other restriction?

Urambo Tauro > Frank W. Doom
04/02/2018 at 20:41

Good point. If the center lane is already a secondary forward lane, then why would you need to be so careful to check it for oncoming traffic? Such a requirement implies that we must be talking about a lane that is available for use in either direction.

I don’t know if there is a definitive answer for how long a sign applies, but I like to think that it’s valid until the next major intersection. After all, if someone turns from that intersection onto the road in question, and isn’t greeted with some signs establishing that road’s speed limit and center lane rules, then they can’t be expected to see the signs that were posted before the intersection. So maybe the rules sort of “reset” to a set of default rules (like the basic speed law) unless posted otherwise.

merged-5876237249235911857-hrw8uc > themanwithsauce - has as many vehicles as job titles
04/03/2018 at 09:37

Another Michigander here, I didn’t realize that passing was legal in the center lane, but the way the law reads, sure is. What I find interesting is there is no mention to using the turn lane to pull out from a side street. Learning to drive in OH, it was legal to use the turn lane to pull out of a side street and stop till traffic on the otherside cleared so you could join the road. But the wording of this info doesn’t really lend itself to that. Interesting.

themanwithsauce - has as many vehicles as job titles > merged-5876237249235911857-hrw8uc
04/03/2018 at 09:46

I think this has to do with lots of these three lane, two way streets lacking a shoulder. And in the city I learned to drive, our streets were infamous for having deep ditches on either side. SO I was told to use the middle to get around hazards and tractors (especially tractors!) and worry about someone being in the turn lane on a case by case basis.

Although I should clarify that my understanding has always been the middle lane was not for passing someone doing 45 in a 45. ANd I think this law is still consistent with it?