HB 1395

1	A bill to be entitled
2	An act relating to motor vehicles; providing a short
3	title; providing legislative intent; amending s. 316.081,
4	F.S.; requiring operators of motor vehicles to drive in
5	the right-hand lane on certain highways; providing
6	exceptions; providing penalties for violations; amending
7	s. 322.27, F.S.; providing for the assessment of points
8	for violating specified provisions that require operators
9	of motor vehicles to drive on the right side of the road;
10	requiring the Department of Highway Safety and Motor
11	Vehicles to provide an educational awareness campaign;
12	providing a grace period when warnings and educational
13	literature may be issued by a law enforcement officer;
14	providing effective dates.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  This act may be cited as the "Road Rage
19	Reduction Act."
20	Section 2.  It is the intent of the Legislature to reduce
21	the incidence of drivers interfering with the movement of
22	traffic, to reduce road rage and aggressive driving, to minimize
23	crashes, and to promote the orderly, free flow of traffic on the
24	roads and highways of the state.
25	Section 3.  Effective January 1, 2007, section 316.081,
26	Florida Statutes, is amended to read:
27	316.081  Driving on right side of roadway; exceptions.--
28	(1)  Upon all roadways of sufficient width, a vehicle shall
29	be driven upon the right half of the roadway, except as follows:
30	(a)  When overtaking and passing another vehicle proceeding
31	in the same direction under the rules governing such movement;
32	(b)  When an obstruction exists making it necessary to
33	drive to the left of the center of the highway; provided any
34	person so doing shall yield the right-of-way to all vehicles
35	traveling in the proper direction upon the unobstructed portion
36	of the highway within such distance as to constitute an
37	immediate hazard;
38	(c)  Upon a roadway divided into three marked lanes for
39	traffic under the rules applicable thereon. However, upon any
40	limited access roadway having two or more lanes for each
41	direction of travel, any vehicle driven in the left-most lane
42	shall yield right-of-way to any vehicle traveling at a higher
43	speed by moving to the nearest lane to the right at the first
44	practicable and safe opportunity; or
45	(d)  Upon a roadway designated and signposted for one-way
46	traffic.
47	(2)  Upon a two-lane roadway providing for two-way movement
48	of traffic, a vehicle all roadways, any vehicle proceeding at
49	less than the normal speed of traffic at the time and place and
50	under the conditions then existing shall be driven in the right-
51	hand lane then available for traffic or as close as practicable
52	to the right-hand curb or edge of the roadway except when
53	overtaking and passing another vehicle proceeding in the same
54	direction or when preparing for a left turn at an intersection
55	or into a private road or driveway.
56	(3)  Upon any roadway having four or more lanes for moving
57	traffic and providing for two-way movement of traffic, no
58	vehicle shall be driven to the left of the centerline of the
59	roadway, except when authorized by official traffic control
60	devices designating certain lanes to the left side of the center
61	of the roadway for use by traffic not otherwise permitted to use
62	such lanes, or except as permitted under paragraph (1)(b).
63	However, this subsection shall not be construed as prohibiting
64	the crossing of the centerline in making a left turn into or
65	from an alley, private road, or driveway.
66	(a)  A vehicle may not be driven in the left-hand lane of a
67	four-lane highway, an interstate highway, a highway with fully
68	controlled access, or a highway that is part of the Florida
69	Intrastate Highway System except when overtaking and passing
70	another vehicle.
71	(b)  Paragraph (a) does not apply:
72	1.  When another vehicle is not directly behind the vehicle
73	in the left-hand lane;
74	2.  When traffic conditions and congestion make it
75	impractical to drive in the right-hand lane;
76	3.  When inclement weather conditions make it necessary to
77	drive in the left-hand lane;
78	4.  When obstructions or hazards exist in the right-hand
79	lane;
80	5.  When, because of highway design, a vehicle must be
81	driven in the left-hand lane when preparing to exit;
82	6.  On toll highways when necessary to use Sun-Pass and on
83	toll and other highways when driving in the left-hand lane is
84	required to comply with an official traffic control device; or
85	7.  To law enforcement vehicles, ambulances, and other
86	emergency vehicles engaged in official duties and vehicles
87	engaged in highway maintenance and construction operations.
88	(4)  A violation of this section is a noncriminal traffic
89	infraction, punishable as a moving violation as provided in
90	chapter 318.
91	Section 4.  Paragraph (d) of subsection (3) of section
92	322.27, Florida Statutes, is amended to read:
93	322.27  Authority of department to suspend or revoke
94	license.--
95	(3)  There is established a point system for evaluation of
96	convictions of violations of motor vehicle laws or ordinances,
97	and violations of applicable provisions of s. 403.413(6)(b) when
98	such violations involve the use of motor vehicles, for the
99	determination of the continuing qualification of any person to
100	operate a motor vehicle. The department is authorized to suspend
101	the license of any person upon showing of its records or other
102	good and sufficient evidence that the licensee has been
103	convicted of violation of motor vehicle laws or ordinances, or
104	applicable provisions of s. 403.413(6)(b), amounting to 12 or
105	more points as determined by the point system. The suspension
106	shall be for a period of not more than 1 year.
107	(d)  The point system shall have as its basic element a
108	graduated scale of points assigning relative values to
109	convictions of the following violations:
110	1.  Reckless driving, willful and wanton--4 points.
111	2.  Leaving the scene of a crash resulting in property
112	damage of more than $50--6 points.
113	3.  Unlawful speed resulting in a crash--6 points.
114	4.  Passing a stopped school bus--4 points.
115	5.  Unlawful speed:
116	a.  Not in excess of 15 miles per hour of lawful or posted
117	speed--3 points.
118	b.  In excess of 15 miles per hour of lawful or posted
119	speed--4 points.
120	6.  A violation of a traffic control signal device as
121	provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.
122	7.  All other moving violations (including parking on a
123	highway outside the limits of a municipality)--3 points.
124	However, no points shall be imposed for a violation of s.
125	316.0741 or s. 316.2065(12).
126	8.  Any moving violation covered above, excluding unlawful
127	speed, resulting in a crash--4 points.
128	9.  Any conviction under s. 403.413(6)(b)--3 points.
129	10.  Any conviction under s. 316.0775(2)--4 points.
130	11.  Any conviction under s. 316.081--4 points.
131	Section 5.  The Department of Highway Safety and Motor
132	Vehicles shall provide an educational awareness campaign
133	informing the motoring public about the Road Rage Reduction Act.
134	The department shall provide information about the Road Rage
135	Reduction Act in all newly printed driver's license educational
136	materials after October 1, 2006, and in public service
137	announcements produced in cooperation with the Florida Highway
138	Patrol.
139	Section 6.  Effective July 1, 2006, a driver of a motor
140	vehicle who does not violate the then-existing provisions of s.
141	316.081, Florida Statutes, but whose conduct would violate those
142	provisions as amended effective January 1, 2007, may be issued a
143	verbal warning and given educational literature regarding the
144	changes in this act by a law enforcement officer.
145	Section 7.  Except as otherwise expressly provided in this
146	act, this act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.