When Are Drivers Allowed to Use the Hard Shoulder on Toll Roads? Here Are the Rules

The use of the motorway hard shoulder is frequently misused by some drivers, particularly during periods of heavy traffic congestion. However, the hard shoulder is not an additional lane intended for overtaking vehicles or avoiding traffic jams. In addition to potentially endangering other road users, improper use of the hard shoulder can also obstruct emergency vehicles performing their duties.

Marcell Kurniawan, Training Director of The Real Driving Center (RDC), stated that the use of the motorway hard shoulder is only permitted under specific emergency conditions. According to Marcell, the primary function of the hard shoulder is to serve as a temporary stopping area when an emergency occurs that prevents a vehicle from continuing its journey normally.

“The main function of the hard and shoulder is for stopping in emergency conditions, such as a broken-down car, a flat tyre, or if the driver experiences a medical condition that makes it impossible to continue the journey,” said Marcell. He added that misusing the hard shoulder to overtake or avoid congestion can disrupt access for emergency vehicles, including ambulances, fire engines, and tow trucks on duty. In certain circumstances, such actions can even slow down the response process for accidents or emergencies on the toll road.

Furthermore, drivers who stop on the hard shoulder must adhere to safety procedures to avoid the risk of secondary accidents. Legally, the use of the motorway hard shoulder is regulated under Article 41, paragraph (1) of Government Regulation (PP) Number 15 of 2005 concerning Toll Roads. This means drivers are not permitted to use the hard shoulder to speed up their journey, overtake other vehicles, or bypass queues during congestion.

Violations of the rules regarding hard shoulder use also carry legal consequences. Sanctions are regulated under Article 287, paragraph (1) of Law Number 22 of 2009 concerning Traffic and Road Transport. Drivers using the hard shoulder for purposes other than intended may face a fine of up to Rp 500,000 or imprisonment for a maximum of two months. These provisions are established to maintain safety and traffic flow on toll roads, while ensuring that emergency vehicles can move without hindrance when needed. Therefore, drivers should not treat the hard shoulder as an alternative lane during traffic jams, as this habit is both illegal and dangerous to themselves and other road users.