HB 1341

1	A bill to be entitled
2	An act relating to motor vehicles; providing legislative
3	intent; amending s. 316.081, F.S.; requiring operators of
4	motor vehicles to drive in the right-hand lane on certain
5	highways; providing exceptions; providing penalties for
6	violation; amending s. 322.27, F.S.; providing for the
7	assessment of points for violating specified provisions
8	that require operators of motor vehicles to drive on the
9	right side of the road; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  It is the intent of the Legislature to decrease
14	the incidence of drivers interfering with the movement of
15	traffic, to reduce road rage and aggressive driving, to minimize
16	crashes, and to promote the orderly, free flow of traffic on the
17	roads and highways of the state.
18	Section 2.  Section 316.081, Florida Statutes, is amended
19	to read:
20	316.081  Driving on right side of roadway; exceptions.--
21	(1)  Upon all roadways of sufficient width, a vehicle shall
22	be driven upon the right half of the roadway, except as follows:
23	(a)  When overtaking and passing another vehicle proceeding
24	in the same direction under the rules governing such movement;
25	(b)  When an obstruction exists making it necessary to
26	drive to the left of the center of the highway; provided any
27	person so doing shall yield the right-of-way to all vehicles
28	traveling in the proper direction upon the unobstructed portion
29	of the highway within such distance as to constitute an
30	immediate hazard;
31	(c)  Upon a roadway divided into three marked lanes for
32	traffic under the rules applicable thereon; or
33	(d)  Upon a roadway designated and signposted for one-way
34	traffic.
35	(2)  Upon a two-lane roadway providing for two-way movement
36	of traffic, a vehicle Upon all roadways, any vehicle proceeding
37	at less than the normal speed of traffic at the time and place
38	and under the conditions then existing shall be driven in the
39	right-hand lane then available for traffic or as close as
40	practicable to the right-hand curb or edge of the roadway,
41	except when overtaking and passing another vehicle proceeding in
42	the same direction or when preparing for a left turn at an
43	intersection or into a private road or driveway.
44	(3)  Upon any roadway having four or more lanes for moving
45	traffic and providing for two-way movement of traffic, no
46	vehicle shall be driven to the left of the centerline of the
47	roadway, except when authorized by official traffic control
48	devices designating certain lanes to the left side of the center
49	of the roadway for use by traffic not otherwise permitted to use
50	such lanes, or except as permitted under paragraph (1)(b).
51	However, this subsection shall not be construed as prohibiting
52	the crossing of the centerline in making a left turn into or
53	from an alley, private road, or driveway.
54	(a)  Upon a four-lane highway, an interstate highway, or a
55	highway with fully controlled access, or the Florida Intrastate
56	Highway System, a vehicle may not be driven in the left-hand
57	lane except when overtaking and passing another vehicle.
58	(b)  Paragraph (a) shall not apply:
59	1.  When no other vehicle is directly behind the vehicle in
60	the left-hand lane;
61	2.  When traffic conditions and congestion make it
62	impractical to drive in the right-hand lane;
63	3.  When inclement weather conditions make it necessary to
64	drive in the left-hand lane;
65	4.  When obstructions or hazards exist in the right-hand
66	lane;
67	5.  When, because of highway design, a vehicle must be
68	driven in the left-hand lane when preparing to exit;
69	6.  On toll highways when necessary to use Sun-Pass and on
70	toll and other highways when driving in the left-hand lane is
71	required to comply with an official traffic control device; or
72	7.  To law enforcement vehicles, ambulances, and other
73	emergency vehicles engaged in official duties and vehicles
74	engaged in highway maintenance and construction operations.
75	(4)  A violation of this section is a noncriminal traffic
76	infraction, punishable as a moving violation as provided in
77	chapter 318.
78	Section 3.  Paragraph (d) of subsection (3) of section
79	322.27, Florida Statutes, is amended to read:
80	322.27  Authority of department to suspend or revoke
81	license.--
82	(3)  There is established a point system for evaluation of
83	convictions of violations of motor vehicle laws or ordinances,
84	and violations of applicable provisions of s. 403.413(6)(b) when
85	such violations involve the use of motor vehicles, for the
86	determination of the continuing qualification of any person to
87	operate a motor vehicle. The department is authorized to suspend
88	the license of any person upon showing of its records or other
89	good and sufficient evidence that the licensee has been
90	convicted of violation of motor vehicle laws or ordinances, or
91	applicable provisions of s. 403.413(6)(b), amounting to 12 or
92	more points as determined by the point system. The suspension
93	shall be for a period of not more than 1 year.
94	(d)  The point system shall have as its basic element a
95	graduated scale of points assigning relative values to
96	convictions of the following violations:
97	1.  Reckless driving, willful and wanton--4 points.
98	2.  Leaving the scene of a crash resulting in property
99	damage of more than $50--6 points.
100	3.  Unlawful speed resulting in a crash--6 points.
101	4.  Passing a stopped school bus--4 points.
102	5.  Unlawful speed:
103	a.  Not in excess of 15 miles per hour of lawful or posted
104	speed--3 points.
105	b.  In excess of 15 miles per hour of lawful or posted
106	speed--4 points.
107	6.  All other moving violations (including parking on a
108	highway outside the limits of a municipality)--3 points.
109	However, no points shall be imposed for a violation of s.
110	316.0741 or s. 316.2065(12).
111	7.  Any moving violation covered above, excluding unlawful
112	speed, resulting in a crash--4 points.
113	8.  Any conviction under s. 403.413(5)(b)--3 points.
114	9.  Any conviction under s. 316.081--4 points.
115	Section 4.  This act shall take effect October 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.