On a jammed holiday expressway, the empty hard shoulder and the blue bus lane beside you are tempting. The Road Traffic Act closes both, and being caught brings an amount plus 30 penalty points — the same cell as crossing the centre line. We read articles 60 and 61, Decree Annexes 1, 6 and 8 and Rule Annex 28 as written.
1. Driving on the shoulder or in the bus lane costs a car 60,000 won and 30 points. Vans pay 70,000 won. Proved by camera, the fine is 90,000 won for a car and 100,000 won for a van.
2. Only vehicles with 9 or more seats may use the expressway bus lane. That means cars and vans with 9 or more seats, and those with 12 seats or fewer must carry 6 or more people.
3. The shoulder is off-limits except for breakdowns and similar. Emergency and road-maintenance vehicles, and driving on it by signal or police instruction during congestion, are also exceptions.
The hard shoulder — article 60(1)
Road Traffic Act article 60(1) Drivers on expressways and similar shall, except where there are unavoidable circumstances such as a breakdown, keep to the lanes set by ordinance and shall not drive on the shoulder.
The proviso adds two more exceptions: emergency vehicles and expressway maintenance vehicles, and driving on the shoulder by the signal of a traffic light or a police officer’s signal or instruction during congestion. On sections that open the shoulder as a lane, that reads as driving only when the signal allows.
The bus lane — article 61 and Decree Annex 1
Article 61 lets the police commissioner set dedicated lanes on expressways and, by applying article 15(3), bars any vehicle not allowed from using them. Decree Annex 1 says who may.
| Road | Vehicles allowed in the bus lane | Condition |
|---|---|---|
| Expressways | Cars and vans with 9 or more seats | Cars and vans of 12 seats or fewer need 6 or more people aboard |
| Other roads | Large vans of 36+ seats, commercial vans under 36 seats, school buses and similar | Annex 1 items (a) to (e) |
A 9-seat van carrying 5 or fewer people does not qualify for the expressway bus lane. Operating sections and hours are set separately, so check the signs on the road. Using a dedicated lane on ordinary roads is a different amount: a 40,000 won penalty charge for a car (Annex 8 item 22) or a 50,000 won fine (Annex 6 item 3).
Amounts and points
| Type | Cars and similar | Vans and similar |
|---|---|---|
| Penalty charge (police) | 60,000 won | 70,000 won |
| Fine (video proof, employer or keeper) | 90,000 won | 100,000 won |
| Points (driver) | 30 | 30 |
Penalty charges are Annex 8 items 19 (shoulder) and 20 (expressway bus and high-occupancy lanes), sharing a cell with items 4 to 20 (40,000 won for motorcycles). Fines are Annex 6 item 2(c) (shoulder) and (d) (expressway dedicated lanes), 70,000 won for motorcycles; item 2(a) of the same line is crossing the centre line. Points are Annex 28, part 3, items 11 and 12, in the same 30-point cell as item 8, crossing the centre line.
The fine goes to the vehicle’s employer or keeper where the breach is proved by photo or video and no penalty-charge notice can be given to the driver (Act art. 160(3)). If the driver receives a notice, the fine cannot be imposed (art. 160(4)).
Checklist — holiday expressways
- ☐ The shoulder is for breakdowns and emergencies — on shoulder-lane sections, only when the signal allows
- ☐ Bus lane — 9 or more seats, and 6 or more people if 12 seats or fewer
- ☐ Check the signs for bus-lane sections and hours
- ☐ 30 points weighs the same as crossing the centre line
Questions that remain
I drove on the shoulder briefly to reach a service area.
The exceptions in article 60(1) are “unavoidable circumstances such as a breakdown” and the two in the proviso. No exception for entering a service area is written in the article.
Four of us were in an 11-seat van.
Annex 1 limits vans of 12 seats or fewer to those carrying 6 or more people. With four aboard, it does not qualify for the expressway bus lane.
Sources
- Road Traffic Act [in force 1 Jul 2026] [Act No. 21246] — original text (checked 30 September 2026). Source for article 15(3), article 60(1) (shoulder and exceptions), article 61 (expressway dedicated lanes) and article 160(3) and (4).
- Enforcement Decree of the Road Traffic Act [in force 1 Aug 2026] [Presidential Decree No. 36114] — Annex 1, vehicles allowed in dedicated lanes (amended 31 December 2020), Annex 8, penalty charges items 19, 20 and 22, and Annex 6, fines items 2 and 3.
- Enforcement Rule of the Road Traffic Act [in force 24 Aug 2026] [Ministry of the Interior and Safety Ordinance No. 636] — Annex 28 items 8, 11 and 12 (30 points).
Where to check further
- Holiday tolls — holiday expressway toll exemption.
- Speeding amounts — speeding fines.
Written on 30 September 2026. Articles and annexes are from the National Law Information Center; the tables are ours.
