Senate Bill sb0224

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    Florida Senate - 2006        (Corrected Copy)           SB 224

    By Senator Bennett





    21-300-06

  1                      A bill to be entitled

  2         An act relating to motor vehicles; providing

  3         legislative intent; amending s. 316.081, F.S.;

  4         requiring operators of motor vehicles to drive

  5         in the right-hand lane on certain highways;

  6         providing exceptions; providing penalties for

  7         violations; amending s. 322.27, F.S.; providing

  8         for the assessment of points for violating

  9         specified provisions that require operators of

10         motor vehicles to drive on the right side of

11         the road; requiring the Department of Highway

12         Safety and Motor Vehicles to provide an

13         educational awareness campaign; providing a

14         grace period when warnings and educational

15         literature may be issued by a law enforcement

16         officer; providing an effective date.

17  

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

19  

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

21  Reduction Act."

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

23  reduce the incidence of drivers' interfering with the movement

24  of traffic, to reduce road rage and aggressive driving, to

25  minimize crashes, and to promote the orderly, free flow of

26  traffic on the roads and highways of the state.

27         Section 3.  Effective January 1, 2007, section 316.081,

28  Florida Statutes, is amended to read:

29         316.081  Driving on right side of roadway;

30  exceptions.--

31  

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    Florida Senate - 2006        (Corrected Copy)           SB 224
    21-300-06




 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. However, upon any

15  limited access roadway having two or more lanes for each

16  direction of travel, any vehicle driven in the left-most lane

17  shall yield right-of-way to any vehicle traveling at a higher

18  speed by moving to the nearest lane to the right at the first

19  practicable and safe opportunity; or

20         (d)  Upon a roadway designated and signposted for

21  one-way traffic.

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

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

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

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

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

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

28  roadway except when overtaking and passing another vehicle

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

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

31  

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    Florida Senate - 2006        (Corrected Copy)           SB 224
    21-300-06




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

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

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

 4  the roadway, except when authorized by official traffic

 5  control devices designating certain lanes to the left side of

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

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

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

 9  construed as prohibiting the crossing of the centerline in

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

11  driveway.

12         (a)  A vehicle may not be driven in the left-hand lane

13  of a four-lane highway, an interstate highway, a highway with

14  fully controlled access, or the Florida Intrastate Highway

15  System except when overtaking and passing another vehicle.

16         (b)  Paragraph (a) does not apply:

17         1.  When another vehicle is not directly behind the

18  vehicle in the left-hand lane;

19         2.  When traffic conditions and congestion make it

20  impractical to drive in the right-hand lane;

21         3.  When inclement weather conditions make it necessary

22  to drive in the left-hand lane;

23         4.  When obstructions or hazards exist in the

24  right-hand lane;

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

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

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

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

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

30  or

31  

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    Florida Senate - 2006        (Corrected Copy)           SB 224
    21-300-06




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

 2  emergency vehicles engaged in official duties and vehicles

 3  engaged in highway maintenance and construction operations.

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

 5  traffic infraction, punishable as a moving violation as

 6  provided in chapter 318.

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

 8  322.27, Florida Statutes, is amended to read:

 9         322.27  Authority of department to suspend or revoke

10  license.--

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

12  of convictions of violations of motor vehicle laws or

13  ordinances, and violations of applicable provisions of s.

14  403.413(6)(b) when such violations involve the use of motor

15  vehicles, for the determination of the continuing

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

17  department is authorized to suspend the license of any person

18  upon showing of its records or other good and sufficient

19  evidence that the licensee has been convicted of violation of

20  motor vehicle laws or ordinances, or applicable provisions of

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

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

23  not more than 1 year.

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

25  graduated scale of points assigning relative values to

26  convictions of the following violations:

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

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

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

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

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

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    Florida Senate - 2006        (Corrected Copy)           SB 224
    21-300-06




 1         5.  Unlawful speed:

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

 3  posted speed--3 points.

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

 5  speed--4 points.

 6         6.  A violation of a traffic control signal device as

 7  provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.

 8         7.  All other moving violations (including parking on a

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

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

11  316.0741 or s. 316.2065(12).

12         8.  Any moving violation covered above, excluding

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

14         9.  Any conviction under s. 403.413(6)(b)--3 points.

15         10.  Any conviction under s. 316.0775(2)--4 points.

16         11.  Any conviction under s. 316.081--4 points.

17         Section 5.  The Department of Highway Safety and Motor

18  Vehicles shall provide an educational awareness campaign

19  informing the motoring public about the Road Rage Reduction

20  Act. The department shall provide information about the Road

21  Rage Reduction Act in all newly printed driver's license

22  educational materials after October 1, 2006, and in public

23  service announcements produced in cooperation with the Florida

24  Highway Patrol.

25         Section 6.  Effective July 1, 2006, a driver of a motor

26  vehicle who does not violate the then-existing provisions of

27  s. 316.081, Florida Statutes, but whose conduct would violate

28  those provisions as amended effective January 1, 2007, may be

29  issued a verbal warning and given educational literature

30  regarding the changes in this act by a law enforcement

31  officer.

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    Florida Senate - 2006        (Corrected Copy)           SB 224
    21-300-06




 1         Section 7.  Except as otherwise expressly provided in

 2  this act, this act shall take effect July 1, 2006.

 3  

 4            *****************************************

 5                          SENATE SUMMARY

 6    Requires operators of motor vehicles to drive in the
      right-hand lane on certain highways. Provides penalties
 7    for violations. Provides for assessing points for
      violating specified provisions that require operators of
 8    motor vehicles to drive on the right side of the road.
      Requires that the Department of Highway Safety and Motor
 9    Vehicles provide an educational awareness campaign.
      Provides a grace period when warnings and educational
10    literature may be issued by a law enforcement officer.

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