[§291C-54] Driving on designated shoulder; two-wheeled motorcycles. Section repealed December 31, 2020. L 2018, c 218, §9. (a) The department of transportation, in its sole discretion, may designate one or more shoulders upon which the department of transportation may authorize the driving of two-wheeled motorcycles; provided that:

(1) Any shoulder so designated shall be the shoulder of a roadway with at least two lanes for vehicular traffic moving in the same direction;

(2) The department of transportation shall not authorize:

(A) Drivers of two-wheeled motorcycles to maneuver their vehicles onto a shoulder unless vehicular traffic on the roadway is stopped as a result of a marked or unmarked intersection or congestion;

(B) The driving of two-wheeled motorcycles upon a shoulder:

(i) At any speed exceeding ten miles per hour; or

(ii) In a direction other than the direction of vehicular traffic in the adjacent roadway; or

(C) Drivers of two-wheeled motorcycles to make any turn from any shoulder;

(3) The department of transportation may impose additional restrictions on the maneuvering and driving of two-wheeled motorcycles onto and upon designated shoulders, including restrictions that are more stringent than those described in paragraph (2); and

(4) The department of transportation shall clearly mark any designated shoulder with appropriate official traffic-control devices, including traffic-control devices that indicate the:

(A) Points along the shoulder at which two-wheeled motorcycles may begin to enter the shoulder and shall begin to exit the shoulder; and

(B) Maximum speed at which two-wheeled motorcycles may be driven in the shoulder.

(b) The following conditions shall apply to any driver of a two-wheeled motorcycle maneuvering onto or driving upon a shoulder specifically designated by the department of transportation pursuant to subsection (a):

(1) The driver shall not maneuver the motorcycle onto a designated shoulder until vehicular traffic on the roadway has been stopped as a result of a marked or unmarked intersection or congestion;

(2) Unless otherwise prohibited by an official traffic-control device, the driver may traverse lanes on the roadway to the extent necessary to maneuver the motorcycle onto the designated shoulder; provided that the driver shall yield to oncoming traffic when other vehicles on the roadway begin to move forward;

(3) The driver shall not make any turn from the shoulder;

(4) Subject to paragraph (5), the driver shall exit the shoulder:

(A) When vehicles in the adjacent traffic lane that the driver was previously using begin to move forward; or

(B) At any point so designated by an official traffic-control device;

(5) When exiting the shoulder, the driver shall yield to oncoming traffic and maneuver the driver's vehicle completely into the adjacent lane as soon as it is safe to do so;

(6) The driver shall use turn signals provided for in section 291C-85 while entering, exiting, or driving upon a shoulder in the same manner that the driver would be required to use the signals while driving in or changing lanes; and

(7) The driver shall obey all other traffic laws and official traffic-control devices. [L 2018, c 218, §1]