§ 1131. Driving on shoulders and slopes. Except for bicycles and those
classes of vehicles required to travel on shoulders or slopes, no motor
vehicle shall be driven over, across, along, or within any shoulder or
slope of any state controlled-access highway except at a location
specifically authorized and posted by the department of transportation.
The foregoing limitation shall not prevent tow trucks from using
shoulders or slopes in as limited and incidental a manner as practicable
when dispatched to the scene of an accident by a law enforcement agency
or an authority, department or agency having jurisdiction over such
controlled-access highway and all lanes are obstructed by traffic,
provided, however, that the foregoing shall not relieve the driver of a
tow truck from the duty to drive with due regard for the safety of all
persons nor shall such provision protect the tow truck driver from the
consequences of his or her reckless disregard for the safety of others
and shall at all times operate such tow truck in compliance with all
standards of care imposed to prevent those injuries or damages to
persons or property of another which may result from the operator's
negligence, recklessness or intentional misconduct, nor shall it prevent
motor vehicles from using shoulders or slopes when directed by police
officers or flagpersons, nor does it prevent motor vehicles from
stopping, standing, or parking on shoulders or slopes where such
stopping, standing, or parking is lawful.