Senate Bill sb0732

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    Florida Senate - 2005                                   SB 732

    By Senator Bennett





    21-749-05                                           See HB 157

  1                      A bill to be entitled

  2         An act relating to motor vehicles; providing a

  3         popular name; creating the "Road Rage Reduction

  4         Act"; providing legislative intent; amending s.

  5         316.081, F.S.; requiring operators of motor

  6         vehicles to drive in the right-hand lane on

  7         certain highways; providing exceptions;

  8         providing penalties for violation; amending s.

  9         322.27, F.S.; providing for the assessment of

10         points for violating specified provisions that

11         require operators of motor vehicles to drive on

12         the right side of the road; requiring the

13         Department of Highway Safety and Motor Vehicles

14         to provide an educational awareness campaign;

15         providing an effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  This act may be cited as the "Road Rage

20  Reduction Act."

21         Section 2.  It is the intent of the Legislature to

22  decrease the incidence of drivers interfering with the

23  movement of traffic, to reduce road rage and aggressive

24  driving, to minimize crashes, and to promote the orderly, free

25  flow of traffic on the roads and highways of the state.

26         Section 3.  Section 316.081, Florida Statutes, is

27  amended to read:

28         316.081  Driving on right side of roadway;

29  exceptions.--

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    Florida Senate - 2005                                   SB 732
    21-749-05                                           See HB 157




 1         (1)  Upon all roadways of sufficient width, a vehicle

 2  shall be driven upon the right half of the roadway, except as

 3  follows:

 4         (a)  When overtaking and passing another vehicle

 5  proceeding in the same direction under the rules governing

 6  such movement;

 7         (b)  When an obstruction exists making it necessary to

 8  drive to the left of the center of the highway; provided any

 9  person so doing shall yield the right-of-way to all vehicles

10  traveling in the proper direction upon the unobstructed

11  portion of the highway within such distance as to constitute

12  an immediate hazard;

13         (c)  Upon a roadway divided into three marked lanes for

14  traffic under the rules applicable thereon; or

15         (d)  Upon a roadway designated and signposted for

16  one-way traffic.

17         (2)  Upon a two-lane roadway providing for two-way

18  movement of traffic, a vehicle all roadways, any vehicle

19  proceeding at less than the normal speed of traffic at the

20  time and place and under the conditions then existing shall be

21  driven in the right-hand lane then available for traffic or as

22  close as practicable to the right-hand curb or edge of the

23  roadway except when overtaking and passing another vehicle

24  proceeding in the same direction or when preparing for a left

25  turn at an intersection or into a private road or driveway.

26         (3)  Upon any roadway having four or more lanes for

27  moving traffic and providing for two-way movement of traffic,

28  no vehicle shall be driven to the left of the centerline of

29  the roadway, except when authorized by official traffic

30  control devices designating certain lanes to the left side of

31  the center of the roadway for use by traffic not otherwise

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    Florida Senate - 2005                                   SB 732
    21-749-05                                           See HB 157




 1  permitted to use such lanes, or except as permitted under

 2  paragraph (1)(b). However, this subsection shall not be

 3  construed as prohibiting the crossing of the centerline in

 4  making a left turn into or from an alley, private road, or

 5  driveway.

 6         (a)  Upon a four-lane highway, an interstate highway,

 7  or a highway with fully controlled access, or the Florida

 8  Intrastate Highway System, a vehicle may not be driven in the

 9  left-hand lane except when overtaking and passing another

10  vehicle.

11         (b)  Paragraph (a) shall not apply:

12         1.  When no other vehicle is directly behind the

13  vehicle in the left-hand lane;

14         2.  When traffic conditions and congestion make it

15  impractical to drive in the right-hand lane;

16         3.  When inclement weather conditions make it necessary

17  to drive in the left-hand lane;

18         4.  When obstructions or hazards exist in the

19  right-hand lane;

20         5.  When, because of highway design, a vehicle must be

21  driven in the left-hand lane when preparing to exit;

22         6.  On toll highways when necessary to use Sun-Pass and

23  on toll and other highways when driving in the left-hand lane

24  is required to comply with an official traffic control device;

25  or

26         7.  To law enforcement vehicles, ambulances, and other

27  emergency vehicles engaged in official duties and vehicles

28  engaged in highway maintenance and construction operations.

29         (4)  A violation of this section is a noncriminal

30  traffic infraction, punishable as a moving violation as

31  provided in chapter 318.

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    Florida Senate - 2005                                   SB 732
    21-749-05                                           See HB 157




 1         Section 4.  Paragraph (d) of subsection (3) of section

 2  322.27, Florida Statutes, is amended to read:

 3         322.27  Authority of department to suspend or revoke

 4  license.--

 5         (3)  There is established a point system for evaluation

 6  of convictions of violations of motor vehicle laws or

 7  ordinances, and violations of applicable provisions of s.

 8  403.413(6)(b) when such violations involve the use of motor

 9  vehicles, for the determination of the continuing

10  qualification of any person to operate a motor vehicle. The

11  department is authorized to suspend the license of any person

12  upon showing of its records or other good and sufficient

13  evidence that the licensee has been convicted of violation of

14  motor vehicle laws or ordinances, or applicable provisions of

15  s. 403.413(6)(b), amounting to 12 or more points as determined

16  by the point system. The suspension shall be for a period of

17  not more than 1 year.

18         (d)  The point system shall have as its basic element a

19  graduated scale of points assigning relative values to

20  convictions of the following violations:

21         1.  Reckless driving, willful and wanton--4 points.

22         2.  Leaving the scene of a crash resulting in property

23  damage of more than $50--6 points.

24         3.  Unlawful speed resulting in a crash--6 points.

25         4.  Passing a stopped school bus--4 points.

26         5.  Unlawful speed:

27         a.  Not in excess of 15 miles per hour of lawful or

28  posted speed--3 points.

29         b.  In excess of 15 miles per hour of lawful or posted

30  speed--4 points.

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    Florida Senate - 2005                                   SB 732
    21-749-05                                           See HB 157




 1         6.  All other moving violations (including parking on a

 2  highway outside the limits of a municipality)--3 points.

 3  However, no points shall be imposed for a violation of s.

 4  316.0741 or s. 316.2065(12).

 5         7.  Any moving violation covered above, excluding

 6  unlawful speed, resulting in a crash--4 points.

 7         8.  Any conviction under s. 403.413(5)(b)--3 points.

 8         9.  Any conviction under s. 316.081--4 points.

 9         Section 5.  The Department of Highway Safety and Motor

10  Vehicles shall provide an educational awareness campaign

11  informing the motoring public about the Road Rage Reduction

12  Act. The department shall provide information about the Road

13  Rage Reduction Act in all newly printed driver license

14  educational materials after October 1, 2005, and in public

15  service announcements produced in cooperation with the Florida

16  Highway Patrol.

17         Section 6.  This act shall take effect October 1, 2005.

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