Driving You Crazy: How do I prove an emergency vehicle forced me out of the express lane?

DOUGLAS COUNTY, Colo. — Gene from Castle Rock writes, “What's driving you crazy? I received a lane change violation after I was forced to exit the express lane for an accident. How does someone prove there was an emergency vehicle in the lane? We can't use our phones to document a photo. Are we expected to write down where, when and why as proof for when you get a violation 2 weeks later? We drive this stretch a lot and there are a ton of accidents. This won't be the last time we are forced out of the express lane. Can you please explain this?”

I've received more than a few questions about this issue, as well as a question from Roberta in Aurora asking what to do if there is an emergency responder behind you in the express lane.

As for the issue of leaving or entering an express lane outside a designated area because of a crash, I'm told drivers are allowed to cross the double white lines without penalty. There was a perfect example about a month ago after a major crash on southbound Interstate 25 before 120th blocked all three free lanes. All traffic had to cross the double white lines to enter the express lane to get around the closure.

I asked Tim Hoover with the Colorado Department of Transportation (CDOT) who is the point person for all things express lanes. He told me when a crash occurs, CDOT's system often spots the slowdown or standstill automatically. If not, CDOT is notified of the lane closures by first responders. At that point all entry and exit violations are suspended while the incident is ongoing. Only after the incident is verified as cleared would violations resume.

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As for getting back into the express lane after you get past the crash, the short answer is no. Once you have moved into or out of an express lane to drive around an crash, you are not allowed to cross the solid white lines again to re-enter the express lane outside a designated entry point. For example, you get into the express lane to get around a crash, immediately past it, exit the express lane and only enter again at an official entry point.

As for the second scenario — when an emergency vehicle is behind you and you are in the express lane — no matter what road you are on or lane you are in, you are required in every state to pull over to the side to give first responders the right-of-way, even if that requires you to cross the double white lines. First responders are required to notify the Colorado Transportation Investment Office (CTIO) when running with lights and siren in the express lane. CTIO is the independent, government-owned business within CDOT that monitors the tolls and violations in express lanes. When notified, CTIO is supposed to suspend lane exit violations for the period the emergency response is underway. If for some reason a driver still receives a violation after having moved over, they can notify CTIO customer service and that should dismiss that violation.

The same exit/entry rules also apply to these situations as it does for when you have to get around a crash, wait to reenter into the express lane until you reach a designated entry point. I wrote about this exact same issue a few years back and the rules have not changed since then.

Even though there are some mechanisms in place to notify CDOT or CTIO of first responder activities, I think instead of writing down what happened with pen and paper or taking a picture with your phone, it would help if you have a dashcam. It would prove that you had to move over for an emergency vehicle or out of the way of a crash.

Colorado’s hands-free law said adult drivers are prohibited from manually using a phone or other mobile device for voice calls or any other reason, requiring all drivers to use a hands-free device. The law includes exemptions for individuals reporting emergencies, but not for documenting emergencies when exiting or entering an express lane. That is where the dashcam comes in handy.

I did an extensive interview all about dashcams for my Driving You Crazy podcast answering all kinds of questions about what types are good and how to install them. You can listen to the episode from this link here: Driving You Crazy Podcast: Episode 372 – Dashcams.

Denver7 Traffic Expert Jayson Luber says he has been covering Denver-metro traffic since Ben-Hur was driving a chariot. (We believe the actual number is over 25 years.) He's obsessed with letting viewers know what's happening on their drive and the best way to avoid the problems that spring up. Follow him on Facebook, Twitter or Instagram or listen to his award winning Driving You Crazy podcast on any podcast app including iTunes, iHeartRadio, Spotify, Podbean, or YouTube.