Passing on the right...isn't safe, legal or right!

Sheriff Press Release

May 13, 2019


Passing on the right...isn't right


Drivers on M104 in the Spring Lake area may notice increased patrols from the Ottawa County Sheriff's Office. During the safety campaign, deputies will be watching for speeding, seat belt use and other traffic violations. There is one violation, however, that they will keep a closer eye on: passing on the right using the shoulder

You may not even know that moving onto the shoulder and 'passing on the right' alongside a car waiting to make a left turn is both dangerous and illegal. In Michigan, it is only legal to pass on the right if your vehicle stays on the main traveled portion of the roadway. Shoulders, whether paved or gravel, are not the roadway. Passing on the shoulder is also dangerous. Cyclists and pedestrians use these shoulders regularly and find themselves in harms way if drivers pass on the shoulder. Passing on the shoulder predisposes accidents as well, since the next driver in line has less time to react to the vehicle that is waiting to turn left. To remind drivers of the law, MDOT will be installing signs on M104. Drivers cited for the infraction face a $125 fine and three points on their record.

“In the last couple of years there seems to be an increase in traffic and speed, and a decrease in following traffic laws. I’m grateful that our local townships, Sheriff and MDOT have been willing to address M104 traffic, and I’m encouraged by the steps that are being taken,” said Dave MacKenzie, owner of Hortech, Inc.

Since May 1, the Ottawa County Sheriff's Office, with help from the Michigan State Police, has been patrolling the area more often thanks to an $8,000 safety grant from the Michigan Department of Transportation.

This is not an effort by the Sheriff's Office to drum up more dollars for the department. In fact, the initiative was spurred by business owners and residents in the area. Concerns about the practice of "vehicles passing on the right shoulder" came into the office, initiating a meeting  between law enforcement officers, MDOT, and local community members in February. Together, a plan was created to increase awareness and improve safety. The extra enforcement is planned to continue through the summer months. 

google street view m104

15210 M-104 Spring Lake, Michigan. Google Street View, July 2018.