Can you drive on the side of the highway? Pee there? What Florida law says about that

Here we are on Interstate 95, heading south near the Golden Glades. Traffic is backed up as usual during the morning rush.

But what is this? Four cars dart to the right of us (and we’re in the far right lane), hit the shoulder and pass a solid block of vehicles before ducking back into the regular highway lanes.

Is that legal to keep things moving?

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And what about if you’re on a rural stretch of road and have to go without a rest stop for miles? Can you pull over and water the weeds?

Here’s what to know:

Can you drive on the shoulder?

Driving on the shoulder is against the law. Most of the time. And most of the time involves impatience. You can’t drive on the shoulder to pull ahead of gridlock and then slip back into the regular flow of things.

The shoulder of a highway exists for several reasons:

▪ Emergencies such as mechanical breakdowns and flat tires, and an area to get repair help from Road Rangers and tow trucks.

▪ A place to pull over for a law enforcement officer.

Evacuations

The Florida Department of Transportation can activate “Emergency Shoulder Use” before hurricanes and other and other disaster threats. ESU covers key transit corridors in the state. The program was first used in 2017 during Hurricane Irma.

“When ESU is operational, all motorists except large trucks, buses and trailers may use the shoulder as a travel lane. Motorists may enter and exit the shoulder at designated locations where law enforcement officers and posted signage indicate,” FDOT say. Transportation officials urge caution when driving on the shoulder — which are about two feet narrower than standard lanes and have rough-going rumble strips. Drivers need to slow down and watch for obstacles.

In 2023, Emergency Shoulder Use corridors included:

▪ Interstate 75 (Alligator Alley)

▪ Northbound from US 27 in Weston (Broward) to State Road 951 in Naples (Collier)

▪ Southbound from SR 951 in Naples (Collier) to US 27 in Weston (Broward)

▪ Interstate 95: Northbound from State Road 706 in Jupiter (Palm Beach) to south of Interstate 295 in Jacksonville (Duval)

▪ Florida’s Turnpike: Northbound from south of Hypoluxo Road in Boynton Beach (Palm Beach) to Osceola Parkway in Kissimmee (Osceola)

What about an emergency bathroom break on the side of the road?

When you gotta go, you gotta go?

Legally, you can’t expose yourself in public, unless you are on a nude beach or a nudist resort. And it’s illegal to urinate or defecate in a public place other than a bathroom, according to state and local laws.

That said, a police officer or prosecutor may not pursue a case if you have a physical emergency and no rest stop is in sight.

But the law is the law: “It can be humiliating and infuriating to have criminal charges brought against you for something as silly as public urination,” says The Rudman Law Group of Boca Raton. “However, Florida does have laws against urinating in public, and you could face real legal consequences if the prosecutor manages to convict you.”

You could face a year in jail, or more on a second offense, according to the law group.

This story was originally published December 18, 2023 at 8:50 AM.