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HomeMy WebLinkAbout02-2133 CRIMINAL COMMONWEALTH V. DANIEL POLLOCK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2133 CRIMINAL TERM IN RE: OPINION AND VERDICT BEFORE BAYLEY, J. Bayley, J., December 13, 2002:-- Defendant, Daniel Pollock, is charged with a summary count of violating the Vehicle Code at 75 Pa.C.S. Section 3309, that provides: Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others not inconsistent therewith shall apply: (1) Driving within single lane.--A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety. (Emphasis added.) A trial was conducted on December 10, 2002. The facts are that on May 23, 2002 at 5:50 a.m.,Officer Keith Seibert of the Middlesex Township Police was on patrol. He was stopped at the intersection of North Middlesex Road and Route 944, the Wertzville Road. In Middlesex Township, the Wertzville Road is two lanes running roughly parallel to the north mountain. Officer Seibert saw a vehicle driven by defendant proceeding eastbound on Wertzville Road. Defendant was delivering newspapers. Defendant delivers newspapers for the Patriot News in one of two ways. He either throws a newspaper from an open side window onto a driveway or places it 02-2133 CRIMINAL TERM into a cylindrical tube facing the road.1 On three occasions, Officer Seibert saw defendant cross the westbound lane and place newspapers from an open driver's side window into tubes in front of properties? No vehicles were approaching defendant in the westbound lane at any time, or were there any vehicles in the eastbound lane. At the third property, defendant was approximately two-tenths of a mile, 528 feet, in front of the crest of a hill. When defendant stopped at the tubes at the three properties his vehicle was on the western berm and partly on the westbound lane. Likewise, when he stops along the east side of Wertzville Road his vehicle is on the eastern berm and partly on the eastbound lane as he leans through an open right side driver's window to place newspapers into tubes.3 Section 3309(1) of the Vehicle Code does not have a blanket prohibition against operating a vehicle outside of a single lane of traffic on a two-lane road. What is prohibited is the operation of a vehicle outside of a single lane when it cannot be "made with safety." The Commonwealth has not produced evidence beyond a reasonable doubt that defendant's operation of his vehicle across the westbound lane of the 1 Defendant delivers 262 newspapers each morning. He is required to complete his deliveries by 6:00 a.m. 2 Officer Seibert had warned defendant on a couple of prior occasions that he believed that his manner of operating a vehicle across a lane of travel to deliver newspapers violated the Vehicle Code. 3 Defendant testified that to complete his delivery route on only the right-hand side of the road would involve a longer drive, and that it is difficult for him to lean to his right to put newspapers into tubes through an open right side window. -2- 02-2133 CRIMINAL TERM Wertzville Road to place papers in the delivery tubes was unsafe. On all three occasions there were no vehicles coming in either opposite direction. At the third residence, defendant was far enough in front of the crest of a hill so as not to be unsafe in crossing back and forth over the westbound lane. The Commonwealth suggests that it was unsafe for defendant to stop his vehicle on the western berm with part of it in the westbound lane. This is no different than stopping to deliver papers on the eastern berm with part of his vehicle in the eastbound lane, which is what mail deliverers do at rural mailboxes which are positioned in the same manner as newspapers tubes. The point is, that on the facts of this case, defendant's movement of his vehicle into the opposite lane of travel was done safely on each occasion. Accordingly, the following verdict is entered. 4 4 We make no determination of whether the manner in which defendant drove into the oncoming lane to deliver papers violated Section 3301 of the Vehicle Code, that provides: Driving on right side of roadway (a) General rule.--Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway except as follows: (1) When overtaking and passing another vehicle proceeding in the same direction where permitted by the rules governing such movement. (2) When an obstruction exists making it necessary to drive to the left of the center of the roadway, provided the driver yields the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the roadway within such distance as to constitute a hazard. (3) When and where official traffic-control devices are in place designating a lane or lanes to the left side of the center of the roadway for the movement indicated by the devices. (4) Upon a roadway restricted to one-way traffic. -3- 02-2133 CRIMINAL TERM VERDICT AND NOW, this day of December, 2002, I find defendant NOT GUILTY of violating Section 3309(1 ) of the Vehicle Code. By the Court, Edgar B. Bayley, J. Jaime Keating, Esquire For the Commonwealth Daniel Pollock, Esquire 624 North West Street Carlisle, PA 17013 Susan Day, District Justice :sal (5) When making a left turn as provided in sections 3322 (relating to vehicle turning left) and 3331 (relating to required position and method of turning). (b) Vehicle proceeding at less than normal speed.--Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into an alley, private road or driveway. This subsection does not apply to a driver who must necessarily drive in a lane other than the right-hand lane to continue on his intended route. -4-