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 stricter—reserving the left lane only for turning
or passing. In a growing number of states—especially Texas, Washington, and Ohio—police 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: