While driving down a California highway, you might see some extra space on the shoulder of the road, but what is the space established for?

Officer Thomas Olsen, a spokesperson for California Highway Patrol, said the shoulders of highways are generally meant to be used in emergency situations and by emergency vehicles.

“They allow for first responders and support staff (i.e. tow trucks) to have a safer environment to address traffic collisions, medical emergencies, etc.,” Olsen wrote in an email to The Sacramento Bee. “They are also there for motorists to use in emergency situation like a mechanical problem, medical emergency, etc.”

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When can I use the shoulder of the highway?

Using the shoulders of a highway to pass is illegal “unless there is an emergency situation that warrants it,” Olsen wrote.

For instance, if a crash is blocking the fast lane, an emergency official can direct you to pass using the center median or shoulder, Olsen said. You can also use the shoulder of the highway if there is an object blocking the highway or if a vehicle in front of you stops abruptly.

Illegal reasons to use the shoulder

Unless it is an emergency situation, Olsen said the shoulders of highway cannot be used to pull over and answer text messages or phone calls.

This applies to all highways, as defined by California Vehicle Code 360, Olsen said. Vehicle code 360 states that a “highway” is a publicly maintained place open to public use for vehicles.

“Highway includes street,” the code states.

“We tend to see many motorists pull over on freeways to make non-emergency calls, go to the bathroom, change a diaper, etc.,” Olsen wrote. “Their intentions are good, but they are placing themselves and other motorists in a dangerous situation.”

For non-emergency situations, Olsen said motorists should exit the highway and find a safe location.

What if I’m exiting the highway?

Still, no. California Vehicle Code 21753 prohibits the use of using the shoulder of the highway to pass.

“What we typically see are motorists stuck in heavy traffic and decide to pass on the right shoulder to take the next exit,” Olsen said.

Olsen said drivers must wait for the painted lines to direct them off the freeway.

“This is illegal and violators can be issued a citation,” Olsen said. “Plus, shoulders are not maintained as well as the traffic lanes.”

Citation fines can vary but are usually around $237, according to Shouse California Law Group.

Since only the roads intended to be used by motorists are maintained, Olsen said it is more likely for someone to puncture their tire when using the shoulder of the highway.

Can I use the shoulder of the road to let others pass me?

On freeways, such as Highway 99, Olsen said the shoulders of the road cannot be used to let others pass you.

For other highways, such as like State Route 108, Olsen said engineers have designed roads to allow for slower-moving vehicles to pull over at designated pull-outs.