WORK PRODUCT OF MATTHIESEN, WICKERT & LEHRER, S.C. Page 1 Last Updated 1/13/22
MATTHIESEN, WICKERT & LEHRER, S.C.
Hartford, WI New Orleans, LA Orange County, CA
Austin, TX Jacksonville, FL Boston, MA
Phone: (800) 637-9176
gwickert@mwl-law.com
www.mwl-law.com
SLOWER TRAFFIC KEEP RIGHT:
A Summary of “Keep Right” Traffic Laws in All 50 States
It is the universal trigger and a pet peeve of millions of drivers. You’re making good time traveling 75 MPH in the left lane of a freeway with a 70 MPH posted speed
limit. You tap your brakes, turning off the cruise control, because a midnight blue 2012 Buick Regal is firmly ensconced in the left passing lane, traveling at 65 MPH and
staying abreast of a Kenworth tractor pulling a 53-foot trailer. Fifteen minutes later traffic is bumper to bumper behind you as far as you can see, and you resort to
flashing your lights, to no avail. The driver of the Buick Regal believes that traveling at or near the speed limit in the fast lane is acceptableand that they are teaching
the impatient drivers behind them a valuable lesson in driving safety. In a perfect world, a sheriff’s deputy would suddenly appear and pull the Buick Regal over for
unsafe driving and violation of state driving statutes. Far too often, however, instant karma doesn’t occur, but an accident does.
All states allow drivers to use the left lane (when there is more than one in the same direction) to pass. Most states restrict use of the left lane by slow-moving traffic
that is not passing. A few states restrict the left lane only for passing or turning left. Some states have yield laws which require drivers to move into the right-hand
lane if they are blocking traffic in the left lane. Most states follow the Uniform Vehicle Code and require drivers to keep right if they are going slower than the normal
speed of traffic (regardless of the speed limit). A handful of states either do not require vehicles to keep right or permit vehicles moving at the speed limit to drive in
the left lane regardless of traffic conditions.
All states have Keep Right Laws which require vehicles travelling slower than the normal speed of traffic (defined differently in each state) to travel in the furthest
right lane. A growing number of states, however, designate the far-left lane as a passing only lane, making it illegal to travel in that lane other than to pass another
vehicle. Driving in the left lane for anything other than passing is not only illegal in a growing number of states, its unsafe and results in thousands of accidents
annually, according to a study by the Traffic Operations & Safety Laboratory within the engineering department of the University of Wisconsin-Madison. When looking
for deeper pockets or additional defendants in automobile collision litigation, don’t look past the driver who may have put the entire sequence of events into action. If
a driver is parked in the left lane on a four-lane highway and is not passing someone or making a left turn, he or she is breaking the law in a majority of states and can
be ticketed.
A growing number of U.S. states are passing traffic laws that regulate driving in the left lane. Some allow it only for passing and others require slower traffic to yield the
left lane if a faster vehicle is approaching. In Texas, for example, signs on Texas multi-lane highways that read “Left Lane For Passing Only” indicate that the left lane on
a divided highway is not a “fast” lane; it is a passing lane only. After passing someone and safely clearing the vehicle passed, a driver must move back into the right
lane. In Texas, impeding the flow of traffic by continuing to drive in the left lane is punishable by a fine of up to $200.
WORK PRODUCT OF MATTHIESEN, WICKERT & LEHRER, S.C. Page 2 Last Updated 1/13/22
There are two types of drivers: (1) those who get upset when somebody is illegally hanging out in the left passing lane, and (2) those who are blissfully ignorant that
hanging out in the passing lane is both illegal and dangerous. When slower drivers are scattered between the right and left lanes, faster drivers must weave back and
forth, slowing and speeding up repeatedly. For those who believe that they shouldn’t have to move over if they’re driving the posted speed limit, not only are they
driving illegally, but evidence shows that slowing down and changing lanes is more dangerous than speeding. A car going 5 MPH slower than the speed limit has a
greater chance of causing an accident than one going 5 MPH faster than the speed limit. That is why every state has some law on the books restricting the use of the
left passing lane.
In 29 states, any car traveling slower than surrounding traffic must be in the right lane. In 11 states, the laws are even stricterreserving the left lane only for turning
or passing. In a growing number of statesespecially Texas, Washington, and Ohiopolice are engaging in an aggressive program to ticket violators. In Germany, the
autobahn has a lower accident rate than American highways, despite there being no speed limit. The reason for this is that German drivers stay to the right unless they
are passing.
The law in many states provides that a driver may use the left lane only when passing another vehicle, moving over to let merging traffic on to the road, moving over
because there is an emergency vehicle on the shoulder (law in some states), or because he or she will soon make a left turn/take a left exit. Driving in the left lane
makes other cars slow down and creates a traffic backup. Researchers have found that a few slow cars can create traffic jams, such as when there is a slow driver in the
left lane next to an equally slow driver in the right lane. Traffic experts confirm that driving slower than surrounding traffic is more likely to cause an accident than
speeding. Do-gooders and know-it-alls driving the speed limit in the left lane, albeit slower than the flow of traffic, believe they are teaching faster drivers a lesson. In
fact, they are breaking the law and endangering those around them. Many states with “left-lane laws” provide for certain exceptions in a variety of circumstances,
including bad weather, traffic congestion, and when exiting on the left in a short distance.
In other states, this statutory duty of slower traffic to keep right applies “notwithstanding the prima facie speed limits.” For example, in California, Cal. Vehicle Code §
21654 requires “any vehicle proceeding upon a highway at a speed less than the normal speed of traffic moving in the same direction” to drive in the right-hand lane,
“notwithstanding the prima facie speed limits.” Laws such as this refer to the “normal” speed of traffic, not the “legal” speed of traffic.
Colorado is another state that takes its “Left Lane Law” seriously. C.R.S. § 42-4-1013(1) of the Colorado statutes makes it illegal for a person to drive in the left lane
(passing lane), where the speed limit is 65 MPH or more, unless they are passing another vehicle, or the volume of traffic does not permit them to safely merge into a
non-passing lane. Before it passed its Left Lane Law, Colorado drivers could proceed in the left-hand lane if they were traveling at the posted speed limit. What sense
did it make to cite a driver for impeding traffic, when simultaneously the driver was obeying the posted speed limit? Impeding statutes were only enforceable when a
vehicle was traveling below the posted or prima facie speed limit. New approaches to driving safety, combined with higher posted speed limits, now simplify the issue
and allow law enforcement to take appropriate enforcement action to enhance the flow of traffic. The new approach acknowledges that by mitigating traffic-flow
conflicts caused by slower-moving drivers, accidents resulting from the confluence of slow driving and aggressive driving would likely be reduced. If a motorist is
stopped by a Colorado State Trooper for violating the Left Lane Law, the driver may receive a citation. The penalty for the citation is $35.00 with an additional $6.20
surcharge bringing the total to $41.20. The violation includes three points against the violator’s Colorado Driver’s License. If the citation is issued by a state trooper, the
points can be reduced to two points if the penalty is mailed in within 20 days.
A growing number of states now require drivers in the left lane to move to the right, even if they are driving at or exceeding the speed limit. The speed of their vehicle
is irrelevant. There is a duty to keep right and use the left lane for passing only. This is the case in Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Idaho,
Iowa, Minnesota, Montana, Nebraska, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Texas,
Vermont, West Virginia, Wisconsin, and Wyoming. This type of statute, such as Wisconsin’s Wis. Stat. § 346.05(3), which ostensibly condones speeding, usually
contains language such as:
WORK PRODUCT OF MATTHIESEN, WICKERT & LEHRER, S.C. Page 3 Last Updated 1/13/22
(3) Any vehicle proceeding upon a roadway 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 edge or curb of the roadway, except when overtaking and passing another vehicle
proceeding in the same direction or when preparing for a left turn or U-turn at an intersection or a left turn into a private road or driveway, and except as provided in s.
346.072.
This statute requires vehicles to travel in the right lane if they are traveling at less than “the normal speed of traffic.” It will be the job of lawyers to define what “less
than the speed of normal traffic” means, but simply traveling the speed limit doesn’t suffice. If “normal traffic” is moving at 70 MPH in a 65 MPH, is somebody violating
the law when passing while driving the speed limit? The police officer will have discretion to determine what the “normal speed of traffic” is under the circumstances.
If a vehicle wants to pass on the left but can’t because of a slower-moving vehicle in the passing lane, there would appear to be a violation.
One issue which becomes problematical with the new laws is reflected by the concern of fleet owners and trucking associations, who argue that truck drivers should be
able to pass slower moving 18-wheelers, but it can take a while because their rigs can be electronically limited to a certain speed. For an article written by Gary Wickert
on speed limiters, how they work, and federal laws requiring Electronic Control Modules (ECM) on certain trucks, see HERE. The irony of the new Left Lane Laws isn’t
lost on the astute here. People do not want a ticket when they’re speeding, but they want someone else to get a ticket for driving the speed limit.
Regardless of your opinion of the Left Lane Laws, most states have them, and aggressive lawyers looking for additional target defendants will make use of them where
appropriate. Having slow drivers in all lanes can cause faster drivers to slow down and weave back and forth to change lanes, increasing the possibility of accidents.
Drivers are most at risk of accidents when changing lanes. When some drivers are going slow in the left lane, and the right lane, then people who want to move faster
through traffic must zigzag back and forth to maintain their driving pace, even if it exceeds the speed limit. They must change lanes looking alternatively over both
shoulders, increasing the potential for accidents. Cultural differences also play a role here, as Europeans driving in the U.S. may be used to not having a speed limit.
Studies have shown that 98% of drivers exceed the speed limit. Twenty-one percent of drivers think it’s perfectly safe to exceed the speed limit by 5 MPH. Forty-three
percent saw no risk in going 10 MPH over, and 36% say there’s no harm driving 20 MPH over the speed limit. There are stretches of road in Texas where the speed limit
is 85 MPH. In Nevada, the speed limit is 80 MPH. The speed at which 85% of motorists travel is called “prevailing speed.” The prevailing speed is not the speed limit, as
much as we’d like to insist it is. As a result, we have a proliferation of laws which regulate the use of the left passing lane. Speed limits are going up on interstates and
highways because motorists are driving faster on them. Speed limits are increased to help decrease unsafe speed variations among the fastest and slowest drivers.
Enforcement of Left Lane Laws helps to decrease those unsafe speed variations.
Proving that a vehicle was traveling illegally in the left lane can turn a driver who thinks he or she is being “prudent” by teaching others a lesson into a criminal and a
defendant simultaneously. Violating a Left Lane Law can also result in negligence per sethe doctrine whereby behavior is automatically considered negligent because
it violates a statute. Enforcement is inconsistent, but the law is the law. Toledo, Ohio police used to ticket truck drivers for driving at the 60 MPH speed limit in the left
lane. Police looking for criminal activity frequently use the “keep right” law as a pretext to stop a suspicious car.
Much will depend on the facts of your case, but don’t overlook the “safe” driver who violates Left Lane Laws as a possible defendant should an accident and damages
result from an accident that otherwise could and should have been avoided. The following chart is a summary of the laws in all 50 states with regard to traveling in the
left lane.
WORK PRODUCT OF MATTHIESEN, WICKERT & LEHRER, S.C. Page 4 Last Updated 1/13/22
STATE
STATUTE
FLOW OF TRAFFIC
ALABAMA
Ala. Stat. § 32-5A-80
Ala. Stat. § 32-5A-82
Vehicles proceeding at less than the normal
speed of traffic shall be driven in the right lane.
Except when overtaking and passing on the right
is permitted, the driver of an overtaken vehicle
shall give way to the right in favor of the
overtaking vehicle on audible signal.
ALASKA
13 Alaska ADC § 02.050(b)
Alaska Stat. § 28.35.140
A person may not purposely obstruct or block
traffic on any roadway by any means. A vehicle
proceeding slower than the maximum
authorized speed of traffic must be driven in the
right-hand lane or as close as practicable to the
right-hand curb or edge of the roadway.
ARIZONA
A.R.S § 28-721 (b)
A.R.S. § 28-723
A person driving a vehicle proceeding at less
than the normal speed of traffic must drive in
the right-hand lane except when overtaking and
passing on the right is permitted, the driver of
an overtaken vehicle shall give way to the right
in favor of the overtaking vehicle on audible
signal or blinking of head lamps at nighttime.
ARKANSAS
A.C.A. § 27-51-301
A.C.A. § 27-51-306
The driver of an overtaken vehicle shall yield to
the right in favor of the overtaking vehicle.
Motor vehicles shall not be operated
continuously in the left lane of a multi-lane
roadway whenever it impedes the flow of traffic.
Vehicles must leave the left lane to let faster
traffic pass.
WORK PRODUCT OF MATTHIESEN, WICKERT & LEHRER, S.C. Page 5 Last Updated 1/13/22
STATE
STATUTE
FLOW OF TRAFFIC
CALIFORNIA
Cal. Vehicle Code § 21650
Cal. Vehicle Code § 21654 (a)
Cal. Vehicle Code § 21753
Cal. Vehicle Code § 21655
The duty of slower traffic to travel in the right
lane applies notwithstanding the prima facie
speed limits. Except when passing on the right is
permitted; the driver of an overtaken vehicle
shall safely move to the right-hand side of the
highway in favor of the overtaking vehicle after
an audible signal or a momentary flash of
headlights by the overtaking vehicle.
COLORADO
C.R.S. § 42-4-1001(2)
C.R.S. § 42-4-1013
Vehicles proceeding at less than the normal
speed of traffic must keep right. The left lane is
reserved for passing where the speed limit is 65
MPH or faster. It is illegal for a person to drive in
the left lane, where the speed limit is 65 MPH or
more, unless they are passing another vehicle,
or the volume of traffic does not permit them to
safely merge into a non-passing lane.
CONNECTICUT
C.G.S.A. § 14-230 (a) and (b)
Any vehicle proceeding at less than the normal
speed of traffic shall be driven in the right-hand
lane available for traffic, or as close as
practicable to the right-hand curb or edge of the
highway.
WORK PRODUCT OF MATTHIESEN, WICKERT & LEHRER, S.C. Page 6 Last Updated 1/13/22
STATE
STATUTE
FLOW OF TRAFFIC
DELAWARE
21 Del. C. § 4114(a) and (b)
21 Del. C. § 4116
Vehicles proceeding at less than the normal
speed of traffic shall be driven in the right lane.
Except when overtaking and passing on the right
is permitted, the driver of an overtaken vehicle
or operator of an overtaken bicycle shall give
way to the right in favor of the overtaking
vehicle on audible signal.
FLORIDA
F.S.A. § 316.081(1), (2), and
(3)
Slower vehicles in left lane must yield to faster
vehicles.
GEORGIA
O.C.G.A. § 40-6-40(a) and (b)
O.C.G.A. § 40-6-184
O.C.G.A. § 40-6-52
Slower vehicles in left lane must yield to faster
vehicles. Any vehicle proceeding at less than the
normal speed of traffic must be driven in the
right-hand lane. No person shall drive a vehicle
at such a slow speed as to impede traffic.
HAWAII
Haw. Rev. Stat. § 291C-41 (a)
and (b)
Haw. Rev. Stat. § 291C-43
Except when overtaking and passing on the right
is permitted, the driver of an overtaken vehicle
shall give way to the right in favor of the
overtaking vehicle on audible signal. Any vehicle
proceeding at less than the normal speed of
traffic must be driven in the right-hand lane.
IDAHO
Idaho Code § 49-630 (1) and
(2)
Idaho Code § 49-632
Except when overtaking and passing on the right
is permitted, the driver of an overtaken vehicle
shall give way to the right in favor of the
overtaking vehicle on audible signal and shall
not increase the speed of his vehicle until
completely passed by the overtaking vehicle.
Any vehicle proceeding at less than normal
speed of traffic must be driven in the right lane
except when overtaking and passing another
vehicle or preparing for a left-hand turn.
WORK PRODUCT OF MATTHIESEN, WICKERT & LEHRER, S.C. Page 7 Last Updated 1/13/22
STATE
STATUTE
FLOW OF TRAFFIC
ILLINOIS
625 I.L.C.S. § 5/11-701 (a)
and (d)
Motorist must drive in the right lane, except
when overtaking and passing another vehicle
proceeding in the same direction.
INDIANA
I.C. § 9-21-8-2(a) and (b)
I.C. § 9-21-5-9
I.C. § 9-21-8-12
A vehicle proceeding at less than the normal
speed of traffic shall be driven in the right-hand
lane except when overtaking and passing
another vehicle proceeding in the same
direction or when preparing for a left turn.
Indiana requires vehicles traveling slower than
the speed limit to travel in the right lane to
provide for better flow of traffic on the
interstate.
IOWA
I.C.A. § 321.297(1) and (2)
Vehicles proceeding at slower than the normal
speed of traffic must drive in the right lane.
KANSAS
K.S.A. § 8-1522
K.S.A. § 8-1514
Any vehicle proceeding slower than the normal
speed of traffic must travel in the right lane.
WORK PRODUCT OF MATTHIESEN, WICKERT & LEHRER, S.C. Page 8 Last Updated 1/13/22
STATE
STATUTE
FLOW OF TRAFFIC
KENTUCKY
K.R.S. § 189.300
K.R.S. § 189.340 (7)
The operator of any vehicle moving slowly upon
a highway shall keep his vehicle as closely as
practicable to the right-hand boundary of the
highway, allowing more swiftly moving vehicles
reasonably free passage to the left.
LOUISIANA
La. R.S. § 32:71
La. R.S. § 32:73
The driver of an overtaken vehicle shall give way
to the right in favor of the overtaking vehicle on
audible signal. On multi-lane highways, left lane
traffic must yield to traffic approaching from
behind.
WORK PRODUCT OF MATTHIESEN, WICKERT & LEHRER, S.C. Page 9 Last Updated 1/13/22
STATE
STATUTE
FLOW OF TRAFFIC
MAINE
29-A M.R.S.A. § 2053(2)
29-A M.R.S.A. § 2052 (6)
29-A M.R.S.A. § 2070
Except when passing on the right is permitted,
the operator of passed vehicle, shall give way to
the right in favor of the passing vehicle upon
audible signal.
MARYLAND
Md. Code Transp. § 21-301
Md. Code Transp. § 21-303
Overtaken vehicle to give way to right, except
when overtaking and passing on the right is
permitted, the driver of an overtaken vehicle, on
audible signal, shall give way to the right in favor
of the overtaking vehicle. Any vehicle going 10
MPH or more below the applicable maximum
speed limit must drive in the right lane.
MASSACHUSETTS
M.G.L.A. 89 § 4B
M.G.L.A. 89 § 2
M.G.L.A. 89 § 4C
Except when overtaking and passing on the right
is permitted, the driver of an overtaken vehicle
shall give way to the right in favor of the
overtaking vehicle on visible signal.
MICHIGAN
M.C.L.A. § 257.634
M.C.L.A. § 257.637
Except when overtaking and passing on the right
is permitted, the driver of an overtaken vehicle
shall give way to the right in favor of the
overtaking vehicle on audible signal.
WORK PRODUCT OF MATTHIESEN, WICKERT & LEHRER, S.C. Page 10 Last Updated 1/13/22
STATE
STATUTE
FLOW OF TRAFFIC
MINNESOTA
M.S.A. § 169.18(1) and (10)
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.
MISSISSIPPI
M.C.A. § 63-3-601
M.C.A. § 63-3-603
The driver of an overtaken vehicle shall give way
to the right in favor of the overtaking vehicle on
audible signal. 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.
MISSOURI
Mo. Rev. Stat. § 304.015 1,
5(3),5(6), 7-9
Mo. Rev. Stat. § 304.016 1
Except when overtaking and passing on the right
is permitted, the driver of an overtaken vehicle
shall give way to the right in favor of the
overtaking vehicle. Vehicles proceeding slower
than the normal speed of traffic must drive in
the right lane.
WORK PRODUCT OF MATTHIESEN, WICKERT & LEHRER, S.C. Page 11 Last Updated 1/13/22
STATE
STATUTE
FLOW OF TRAFFIC
MONTANA
Mont. Code Ann. § 61-8-321
Mont. Code Ann. § 61-8-
311(1)
A motor vehicle may not be driven at a speed
slow enough to impede or block the normal and
reasonable movement of traffic.
May use left lane to allow entering traffic to
merge when travelling at a speed greater than
the traffic flow.
NEBRASKA
Neb. Rev. Stat. § 60-6,131
Neb. Rev. Stat. § 60-6, 133
Drivers proceeding slower than the normal
speed of traffic must drive in the right lane. The
driver of an overtaken vehicle shall give way to
the right in favor of the overtaking vehicle.
NEVADA
N.R.S. § 484B.200
N.R.S. § 484B.627
N.R.S. § 484B.207
Except when overtaking and passing on the right
is permitted, the driver of an overtaken vehicle
shall give way to the right in favor of the
overtaking vehicle upon observing the
overtaking vehicle or hearing a signal. Slow
moving vehicles must travel in the right lane if
impeding traffic.
NEW HAMPSHIRE
N.H. Rev. Stat. Ann § 265:16
The driver of an overtaken vehicle shall give way
to the right in favor of the overtaking vehicle on
audible signal. Any vehicle proceeding slower
than the normal speed of traffic must drive in
the right lane.
WORK PRODUCT OF MATTHIESEN, WICKERT & LEHRER, S.C. Page 12 Last Updated 1/13/22
STATE
STATUTE
FLOW OF TRAFFIC
NEW JERSEY
N.J.S.A. § 39:4-82
N.J.S.A. § 39:4-88
N.J.S.A. § 39:4-88(e)
N.J.S.A. § 39:4-97.1
N.J.S.A. § 39:4-85
The driver of a vehicle on a highway, about to be
overtaken and passed by another vehicle,
approaching from the rear, shall give way to the
right in favor of the overtaking vehicle , and shall
not increase the speed of his vehicle until
completely passed by the overtaking vehicle.
No person shall drive a vehicle at such a slow
speed as to impede or block the normal and
reasonable movement of traffic except when
reduced speed is necessary for safe operation or
in compliance with law.
NEW MEXICO
N.M.S.A. § 66-7-308
N.M.S.A. § 66-7-310
Except when overtaking and passing on the right
is permitted, the driver of an overtaken vehicle
shall give way to the right in favor of the
overtaking vehicle on audible signal. Vehicles
proceeding slower than the normal speed of
traffic must drive in the right lane.
NEW YORK
N.Y. Veh. & Traf. Law § 1120
N.Y. Veh. & Traf. Law § 1122
Vehicles proceeding slower than the normal
speed of traffic must drive in the right. Except
when overtaking and passing on the right is
permitted, the driver of an overtaken vehicle
shall give way to the right in favor of the
overtaking vehicle on audible signal.
NORTH CAROLINA
N.C.G.S.A. § 20-146 (a), (b)
On all highways, vehicles proceeding below the
speed limit must be in the right lane.
NORTH DAKOTA
N.D.C.C. § 39-10-08 (a), (b)
N.D.C.C. § 39-10-11
Any vehicle proceeding slower than the normal
speed of traffic must drive in the right lane.
Except when overtaking and passing on the right
is permitted, the driver of an overtaken vehicle
shall give way to the right in favor of the
overtaking vehicle on audible signal.
WORK PRODUCT OF MATTHIESEN, WICKERT & LEHRER, S.C. Page 13 Last Updated 1/13/22
STATE
STATUTE
FLOW OF TRAFFIC
OHIO
Ohio Rev. Code Ann. §
4511.25
Ohio Rev. Code Ann. §
4511.27
Vehicles proceeding slower than the speed limit
must drive in the right. Except when overtaking
and passing on the right is permitted, the
operator of an overtaken vehicle shall give way
to the right in favor of the overtaking vehicle on
audible signal.
OKLAHOMA
47 Okla. Stat. Ann. § 11-
301(a), (b)
47 Okla. Stat. Ann. § 11-309
Vehicles proceeding slower than the speed limit
must drive in the right. Except when overtaking
and passing on the right is permitted, the
operator of an overtaken vehicle shall give way
to the right in favor of the overtaking vehicle on
audible signal.
OREGON
O.R.S. § 811.295
O.R.S. § 811.315
O.R.S. § 811.410
O.R.S. § 811.325
Vehicles proceeding slower than the normal
speed of traffic must drive in the right lane.
Except when overtaking and passing on the right
is permitted under O.R.S. § 811.415, the driver
of an overtaken vehicle shall give way to the
right in favor of an overtaking vehicle.
WORK PRODUCT OF MATTHIESEN, WICKERT & LEHRER, S.C. Page 14 Last Updated 1/13/22
STATE
STATUTE
FLOW OF TRAFFIC
PENNSYLVANIA
75 P.S. § 3301(a), (b)
75 P.S. § 3313(d)(2)
75 P.S. § 3303
The left lane may be used for passing, traveling
at a speed greater than the traffic flow, when
moving left to allow traffic to merge, and
preparing for a left turn. Except when overtaking
and passing on the right is permitted, the driver
of an overtaken vehicle shall not increase the
speed of the vehicle until completely passed by
the overtaking vehicle and shall give way to the
right in favor of the overtaking vehicle on
suitable signal.
RHODE ISLAND
R.I.G.L. § 31-15-1
R.I.G.L. § 31-15-2
R.I.G.L. § 31-15-4
Drivers proceeding slower than the normal
speed of traffic must drive in the right lane.
Except when overtaking and passing on the right
is permitted, the driver of an overtaken vehicle
shall give way to the right in favor of the
overtaking vehicle on audible signal.
SOUTH CAROLINA
S.C. Code Ann. § 56-5-1810
S.C. Code Ann. § 56-5-1840
Drivers proceeding slower than the normal
speed of traffic must drive in the right lane.
Except when overtaking and passing on the right
is permitted, the driver of an overtaken vehicle
shall give way to the right in favor of the
overtaking vehicle on audible signal.
SOUTH DAKOTA
S.D.C.L. § 32-26-1
Drivers proceeding slower than the normal
speed of traffic must drive in the right lane.
TENNESSEE
T.C.A. § 55-8-115
T.C.A. § 55-8-117
Drivers proceeding slower than the normal
speed of traffic must drive in the right lane.
Except when overtaking and passing on the right
is permitted, the driver of an overtaken vehicle
shall give way to the right in favor of the
overtaking vehicle on audible signal.
TEXAS
Tex. Transp. Code § 545.051
Tex. Transp. Code § 545.053
Drivers proceeding slower than the normal
speed of traffic must drive in the right. The
driver of an overtaken vehicle shall give way to
the right in favor of the overtaking vehicle on
audible signal.
WORK PRODUCT OF MATTHIESEN, WICKERT & LEHRER, S.C. Page 15 Last Updated 1/13/22
STATE
STATUTE
FLOW OF TRAFFIC
UTAH
U.C.A. § 41-6a-701
U.C.A. § 41-6a-704(2) (b)
U.C.A. § 41-6a-702
Drivers proceeding slower than the normal
speed of traffic must drive in the right lane.
Slower vehicles traveling in the left lane must
move right to let faster traffic past. On a
highway having more than one lane in the same
direction, the operator of a slower moving
vehicle traveling in the left general-purpose lane
must yield to the overtaking vehicle by moving
to the right and may not impede the flow of
traffic.
VERMONT
Vt. Stat. Ann. Tit. 23 § 1031
(a),(b)
Vt. Stat. Ann. Tit. 23 § 1033
Drivers proceeding slower than the normal
speed of traffic must drive in the right. Except
when overtaking and passing on the right is
permitted, the driver of an overtaken motor
vehicle shall give way to the right in favor of the
overtaking motor vehicle.
VIRGINIA
Va. St. § 46.2-802
Va. St. § 46.2-804
Va. St. § 46.2-842
Va. St. § 46.2-803.1
Va. St. § 46.2-842.1
Drivers proceeding slower than the normal
speed of traffic must drive in the right. Slower
moving vehicles traveling in the left lane must
yield to faster traffic. The driver of an overtaken
vehicle shall give way to the right in favor of the
overtaking vehicle on audible.
WORK PRODUCT OF MATTHIESEN, WICKERT & LEHRER, S.C. Page 16 Last Updated 1/13/22
STATE
STATUTE
FLOW OF TRAFFIC
WASHINGTON
R.C.W.A. § 46.61.100
R.C.W.A. § 46.61.110
Except when overtaking and passing on the right
is permitted, overtaken traffic shall give way to
the right in favor of an overtaking vehicle on
audible signal.
WEST VIRGINIA
W. Va. St. § 17C-7-1
It is a traffic infraction to drive continuously in
the left lane of a multi-lane roadway when it
impedes the flow of other traffic.
WISCONSIN
Wis. Stat. § 346.05(3)
Drivers proceeding slower than the normal
speed of traffic must drive in the right.
WORK PRODUCT OF MATTHIESEN, WICKERT & LEHRER, S.C. Page 17 Last Updated 1/13/22
STATE
STATUTE
FLOW OF TRAFFIC
WYOMING
Wyo. Stat. § 31-5-201
Wyo. Stat. § 31-5-304(c)
Wyo. Stat. § 31-5-203
On all roadways except one-way streets, any
vehicle proceeding slower than the normal
speed of traffic must drive in the right lane.
Notwithstanding any authorized minimum
speed, no person shall operate a vehicle in the
extreme left-hand lane of a controlled-access
highway for a prolonged period in a manner
which impedes the flow of other traffic traveling
at a lawful rate of speed.
Except when overtaking and passing on the right
is permitted, the driver of an overtaken vehicle
shall give way to the right in favor of the
overtaking vehicle on audible signal.
These materials and other materials promulgated by Matthiesen, Wickert & Lehrer, S.C. may become outdated or superseded as time goes by. If you should have questions
regarding the current applicability of any topics contained in this publication or any publications distributed by Matthiesen, Wickert & Lehrer, S.C., please contact Gary Wickert at
gwickert@mwl-law.com. This publication is intended for the clients and friends of Matthiesen, Wickert & Lehrer, S.C. This information should not be construed as legal advice
concerning any factual situation and representation of insurance companies and\or individuals by Matthiesen, Wickert & Lehrer, S.C. on specific facts disclosed within the
attorney\client relationship. These materials should not be used in lieu thereof in anyway.