Questão jurídica principal
Whether using the emergency lane to pass a traffic queue was a mildly serious or moderately serious traffic offense.
Decisão extraída
The conduct constituted a moderately serious traffic offense because it created, or at least risked creating, danger to other road users.
Fundamentação extraída
Passing on the right via the emergency lane violates the basic rule against right-side overtaking; the emergency lane is not a traffic lane and the risk to other users is real even over a short distance.