jonas grumby - 1/18/2018 10:33

An accident did not happen so this is a hypothetical question.

I was traveling on a state highway this morning. This state highway has a wide paved shoulder. The paved shoulder is wide enough that a state snowplow winging back the ditches was able to be completely on the shoulder and still on pavement.

A state snowplow was on the shoulder of the road winging back the ditches traveling at ~ 45-50 mph. A van (not me I was behind the van) comes up on the snowplow in his marked traveling lane. The van is about to pass while staying in the marked traveling lane. The snowplow is approaching an obstruction in the ditch so he veers to the left to avoid the obstruction and enters the designated driving lane. An accident did not happen but what if there was contact between the snowplow and the van? Who would have been at fault? The snowplow had yellow flashing lights so I am guessing that it does not have the same emergency vehicle status of a police car, firetruck or ambulance. It would have been logical that the van driver should have gone into the left hand lane while passing but would it be required. Does a snowplow which is completely off the designated driving area need to observe the same rules for entering a highway as any other vehicle?