Are you merging with traffic in this situation?

In the situation shown, your vehicle is on an unpaved shoulder, off the asphalt roadway, which clearly indicates a starting position for joining traffic. According to Art. 17 para. 1 of the Road Traffic Act, entering the roadway from a shoulder, sidewalk, or a non-public road constitutes the maneuver of joining traffic. This requires you to exercise special caution and yield to all vehicles already on the road.