When is off-roading illegal?

[devilsfan]

Ok, I have gone through the Texas DPS/DOT website and can't find squat on this. I know laws vary by state, but I have a hypothetical question.

I am stuck in about 20 mins worth of traffic to travel a few miles on my way home. This is a 4-lane divided highway (loose term - it has stoplights and a 55 MPH speed limit) with a grassy median and about a 200 yard grassy shoulder which leads up to a private fence made of cheap wire. There's a dirt road that runs all along this fence on the outside of the fence - it's mainly used by construction crews to store equipment and by ATVs on the weekend. There's nothing else out there but fence, grass and brush (ie, no buildings or parking lots).

(You locals might know this area - 1604 N between Culebra and Braun road....if you're ever stuck in traffic there, you KNOW this road I'm talking about and how tempting it is).

Anyways, this dirt road parallels the highway and eventually curves into my development. HYPOTHETICALLY, is traveling on this road to avoid traffic illegal - or only if you get caught? There's zero brush between this road and the highway, so a bright yellow H2 would be very difficult to hide.

Just curious.

Stacy

[devilsfan]

Ok, I have gone through the Texas DPS/DOT website and can't find squat on this. I know laws vary by state, but I have a hypothetical question.

I am stuck in about 20 mins worth of traffic to travel a few miles on my way home. This is a 4-lane divided highway (loose term - it has stoplights and a 55 MPH speed limit) with a grassy median and about a 200 yard grassy shoulder which leads up to a private fence made of cheap wire. There's a dirt road that runs all along this fence on the outside of the fence - it's mainly used by construction crews to store equipment and by ATVs on the weekend. There's nothing else out there but fence, grass and brush (ie, no buildings or parking lots).

(You locals might know this area - 1604 N between Culebra and Braun road....if you're ever stuck in traffic there, you KNOW this road I'm talking about and how tempting it is).

Anyways, this dirt road parallels the highway and eventually curves into my development. HYPOTHETICALLY, is traveling on this road to avoid traffic illegal - or only if you get caught? There's zero brush between this road and the highway, so a bright yellow H2 would be very difficult to hide.

Just curious.

Stacy

[PARAGON]

§ 545.063. DRIVING ON DIVIDED HIGHWAY. (a) On a
highway having two or more roadways separated by a space, physical
barrier, or clearly indicated dividing section constructed to
impede vehicular traffic, an operator shall drive on the right
roadway unless directed or permitted to use another roadway by an
official traffic-control device or police officer.
(b) An operator may not drive over, across, or in a dividing
space, physical barrier, or section constructed to impede vehicular
traffic except:
(1) through an opening in the physical barrier or
dividing section or space; or
(2) at a crossover or intersection established by a
public authority.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.


§ 545.064. RESTRICTED ACCESS. An operator may not drive
on or from a limited-access or controlled-access roadway except at
an entrance or exit that is established by a public authority.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

[devilsfan]

Dang. Oh well. Thanks, Paragon.

Stacy

[ROX]

Find the owner of the property with the dirt road and ask their permission. It's not legal to leave the freeway by any means other than posted intersections but if you could get a right of way from the property owners on the side road you'd be set. Couldn't hurt to ask.
Maybe they'd like a ride in the yellow H2. http://www.elcova.com/infopop/emoticons/icon_smile.gif

[DRTYFN]

But then you run the risk of setting a precedent for other drivers.

[DennisAJC]

If the temptation is just too much to bare, buy one of these and pull a Starsky & Hutch. http://www.elcova.com/infopop/emoticons/icon_biggrin.gif

[RIC-H0]

Yeah...I'm gonna believe that a Pregnant Woman driving a bright Yellow H2 with 37's is a cop!

'shaa!

I've ridden down those roads with my ATV's and they would be a blast to take an H2 through. If you go just passed Potranco, there are some prime mud holes on the right hand side just before you get to the bridge!

You can always say that you thought you were having contractions, and needed to get home and into bed Really Fast! http://www.elcova.com/infopop/emoticons/icon_biggrin.gif

Ric-H2

[devilsfan]

Don't tempt me, Ric. I almost went that route the other day, ticket or not. I'm desperate to get off road again, any way I can!

Set a precedent for other drivers to take that route? No chance. http://www.elcova.com/infopop/emoticons/icon_smile.gif There's a good drainage gully that you have to cross, has about a 30-40 degree decline/incline. A Hummer or Jeep are the only vehicles with enough front angle approach to make it through (other than ATVs). It would be my luck that a freakin' minivan would try to follow, get stuck, and ruin things for everyone.

I like the idea of getting the property owner's permission. I'm hoping to catch a cop parked at the gas station up the road some day and ask him the legality of the issue. There is a dirt road that leads from the highway to the gate of the fenced in area. This side dirt road crosses my intended path of fun....so it wouldn't be like I just zoom across a field or anything. http://www.elcova.com/infopop/emoticons/icon_smile.gif

Ok, now where's a cop when you need one???

Stacy