HOUSE OF REPRESENTATIVES	H.B. NO.	2746
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

Relating to vehicular lollygagging.

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

     SECTION 1.  The legislature finds that vehicular lollygagging, or the problem of slow drivers in the far-left lane of roadways, creates dangerous situations, starts traffic jams, incites road rage, and persists despite state law requiring drivers traveling slower than the normal speed of traffic to use the right-hand lane.

     Section 291C-41(b), Hawaii Revised Statutes, commonly referred to as the keep-right driving law, generally requires drivers to use the right-hand lane if they are going slower than the normal speed of traffic.  Drivers in the left lane who do not yield the way to faster-moving traffic may create dangerous situations and exacerbate traffic congestion by forcing faster-moving vehicles to pass them from the right.

     Florida and Georgia have recently enacted laws to address slow drivers who linger in the left-hand lane and impede traffic.  A recent online report showed that police in several states such as Washington, Texas, and Ohio issue citations to slow drivers in the left-hand lane.

     Slow drivers in the left-hand lane, who force drivers going the normal speed to pass from the right, may cause accidents.  Passing on the right is dangerous because it is often unexpected for other drivers, vehicles approaching from the right may be less visible to a driver, and it forces accelerating vehicles into slower-moving traffic.  In addition, a study commissioned by Expedia revealed that slow drivers in the left-hand lane are the third-ranked reason, behind texting while driving and tailgating, for road rage and the aggressive driving behaviors that often result from it.  Finally, the legislature finds that traffic jams may result from a small number of people driving slowly in the left-hand lane with the ensuing ripple effect clogging the roadways and creating crowded driving conditions.

     The purpose of this Act is to require drivers in the furthermost left lane to safely move over if they:

     (1)  Will imminently be overtaken from the rear by more than one vehicle traveling at a higher rate of speed;

     (2)  Are proceeding at less than the normal speed of traffic; and

     (3)  Are impeding traffic with a line of three or more vehicles following immediately behind.

     SECTION 2.  Section 291C-41, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

Upon roadways having two or more lanes allowing movement in the same direction, any vehicle in the furthermost left lane shall safely move to the adjacent lane if:

(1) The driver knows or reasonably should know that the vehicle will imminently be overtaken from the rear by more than one vehicle traveling at a higher rate of speed, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway;

(2) The vehicle is proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing; and

(3) The vehicle is impeding traffic and has a line of three or more vehicles following immediately behind."

     SECTION 3.  The director of transportation, in collaboration with the county police departments, shall develop and implement a statewide public awareness campaign on the keep-right driving law as set forth in section 291C-41(b), Hawaii Revised Statutes, as amended by this Act.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval; provided that section 2 shall take effect on July 1, 2017.

INTRODUCED BY:

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Report Title:

Vehicular Lollygagging; Traffic Safety; Minimum Speed

Description:

Requires drivers in the left lane to safely move to the adjacent lane if the driver's vehicle is being overtaken from the rear by multiple vehicles traveling at a higher rate of speed; the driver is proceeding at less than the normal speed of traffic; and the driver has three or more vehicles following immediately behind.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.