BILL REQ. #:  S-2181.1 

READ FIRST TIME 03/05/03.   

     AN ACT Relating to driving in the left lane; and amending RCW 46.61.100 and 46.61.425.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 46.61.100 and 1997 c 253 s 1 are each amended to read as follows:
     (1) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:
     (a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
     (b) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;
     (c) Upon a roadway divided into three marked lanes and providing for two-way movement traffic under the rules applicable thereon; or
     (d) Upon a street or highway restricted to one-way traffic.
     (2) Upon all roadways having two or more lanes for traffic moving in the same direction, all vehicles shall be driven in the right-hand lane then available for traffic, except (a) when overtaking and passing another vehicle proceeding in the same direction, (b) when traveling at a speed greater than the traffic flow, (c) when moving left to allow traffic to merge, or (d) when preparing for a left turn at an intersection, exit, or into a private road or driveway when such left turn is legally permitted. On any such roadway, a vehicle or combination over ten thousand pounds shall be driven only in the right-hand lane except under the conditions enumerated in (a) through (d) of this subsection.
     (3) No vehicle towing a trailer or no vehicle or combination over ten thousand pounds may be driven in the left-hand lane of a limited access roadway having three or more lanes for traffic moving in one direction except when preparing for a left turn at an intersection, exit, or into a private road or driveway when a left turn is legally permitted. This subsection does not apply to a vehicle using a high-occupancy vehicle lane. A high-occupancy vehicle lane is not considered the left-hand lane of a roadway. The department of transportation, in consultation with the Washington state patrol, shall adopt rules specifying (a) those circumstances where it is permissible for other vehicles to use the left lane in case of emergency or to facilitate the orderly flow of traffic, and (b) those segments of limited access roadway to be exempt from this subsection due to the operational characteristics of the roadway.
     (4) It is a traffic infraction to drive continuously in the left lane of a multilane roadway when it impedes the flow of other traffic. For the purposes of this subsection, a vehicle is impeding traffic when behind it are two or more vehicles formed in a line. This subsection does not authorize a person to exceed the posted speed limit by more than is necessary to safely pass another vehicle and then move to the right when possible.
     (5) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, a vehicle shall not be driven to the left of the center line of the roadway except when authorized by official traffic control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subsection (1)(b) of this section. However, this subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road or driveway.

Sec. 2   RCW 46.61.425 and 1977 ex.s. c 151 s 37 are each amended to read as follows:
     (1) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law((: PROVIDED, That)). However, on a multilane highway and a highway having only one lane of traffic in each direction, a person following a vehicle driving at less than the legal maximum speed and desiring to pass such vehicle may exceed the speed limit, ((subject to the provisions of RCW 46.61.120 on highways having only one lane of traffic in each direction,)) at only such a speed and for only such a distance as is necessary to complete the pass with a reasonable margin of safety. Persons driving on a highway having only one lane of traffic in each direction may exceed the speed limit only when in compliance with this subsection (1) and RCW 46.61.120. Persons driving on a multilane highway may exceed the speed limit only when passing vehicles in the left lane and in compliance with this subsection (1). Additionally, a person driving a motor vehicle in the left lane of a multilane roadway in compliance with RCW 46.61.100(4) is not committing a traffic infraction.
     (2) Whenever the secretary of transportation or local authorities within their respective jurisdictions determine on the basis of an engineering and traffic investigation that slow speeds on any part of a highway unreasonably impede the normal movement of traffic, the secretary or such local authority may determine and declare a minimum speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected. No person shall drive a vehicle slower than such minimum speed limit except when necessary for safe operation or in compliance with law.