Forum Discussion
wnjj
Feb 24, 2015Explorer II
MTPockets1 wrote:
"Impeding" would be driving under the speed limit. If driving at posted speed and traffic is piling up, everyone behind at some point was speeding. If One pulls over at the speed limit and everyone passes, they are speeding. We all know that most drivers exceed the posted limits, that does not mean the person driving the limit is wrong. All I'm saying is no judge would charge anyone for driving the speed limit regardless.
Nope.
ORS 811.130 wrote:
Impeding traffic
• penalty
(1)
A person commits the offense of impeding traffic if the person drives a motor vehicle or a combination of motor vehicles in a manner that impedes or blocks the normal and reasonable movement of traffic.
(2)
A person is not in violation of the offense described under this section if the person is proceeding in a manner needed for safe operation.
(3)
Proceeding in a manner needed for safe operation includes but is not necessarily limited to:
(a)
Momentarily stopping to allow oncoming traffic to pass before making a right-hand or left-hand turn.
(b)
Momentarily stopping in preparation of, or moving at an extremely slow pace while, negotiating an exit from the road.
(4)
A person is not in violation of the offense described under this section if the person is proceeding as part of a funeral procession under the direction of a funeral escort vehicle or a funeral lead vehicle.
(5)
The offense described in this section, impeding traffic, is a Class D traffic violation.
Impeding in Oregon is impeding the normal and reasonable movement of traffic. I've highlighted what even you consider the "normal" movement in your post. The Oregon statute makes no mention of your or the other vehicles' speeds. Just because you pulling over could "allow" others to speed, it doesn't make impeding traffic at the speed limit legal.
What if you drive the speed limit but drop by 1 mph occasionally. Couldn't another behind you want to drive at the limit?
What if your speedometer is off?
It's not your job to play traffic cop and hold others back. It is in fact your obligation to pull over when you can.
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