HB 0157

1	A bill to be entitled
2	An act relating to motor vehicles; providing a popular
3	name; creating the "Road Rage Reduction Act"; providing
4	legislative intent; amending s. 316.081, F.S.; requiring
5	operators of motor vehicles in the left-most lane to yield
6	the right-of-way to vehicles moving faster on certain
7	highways; requiring operators of motor vehicles to drive
8	in the right-hand lane on certain highways; providing
9	exceptions; providing penalties for violation; amending s.
10	322.27, F.S.; providing for the assessment of points for
11	violating specified provisions that require operators of
12	motor vehicles to drive on the right side of the road;
13	requiring the Department of Highway Safety and Motor
14	Vehicles to provide an educational awareness campaign;
15	providing a grace period when warnings and educational
16	literature may be issued; providing effective dates.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  This act may be cited as the "Road Rage
21	Reduction Act."
22	Section 2.  It is the intent of the Legislature to decrease
23	the incidence of drivers interfering with the movement of
24	traffic, to reduce road rage and aggressive driving, to minimize
25	crashes, and to promote the orderly, free flow of traffic on the
26	roads and highways of the state.
27	Section 3.  Effective January 1, 2006, section 316.081,
28	Florida Statutes, is amended to read:
29	316.081  Driving on right side of roadway; exceptions.--
30	(1)  Upon all roadways of sufficient width, a vehicle shall
31	be driven upon the right half of the roadway, except as follows:
32	(a)  When overtaking and passing another vehicle proceeding
33	in the same direction under the rules governing such movement;
34	(b)  When an obstruction exists making it necessary to
35	drive to the left of the center of the highway; provided any
36	person so doing shall yield the right-of-way to all vehicles
37	traveling in the proper direction upon the unobstructed portion
38	of the highway within such distance as to constitute an
39	immediate hazard;
40	(c)  Upon a roadway divided into three marked lanes for
41	traffic under the rules applicable thereon; however, upon any
42	limited access roadway having two or more lanes for each
43	direction of travel, any vehicle driven in the left-most lane
44	shall yield the right-of-way to any vehicle traveling at a
45	higher speed by moving to the nearest lane to the right at the
46	first practicable and safe opportunity; or
47	(d)  Upon a roadway designated and signposted for one-way
48	traffic.
49	(2)  Upon a two-lane roadway providing for two-way movement
50	of traffic, a vehicle all roadways, any vehicle proceeding at
51	less than the normal speed of traffic at the time and place and
52	under the conditions then existing shall be driven in the right-
53	hand lane then available for traffic or as close as practicable
54	to the right-hand curb or edge of the roadway except when
55	overtaking and passing another vehicle proceeding in the same
56	direction or when preparing for a left turn at an intersection
57	or into a private road or driveway.
58	(3)  Upon any roadway having four or more lanes for moving
59	traffic and providing for two-way movement of traffic, no
60	vehicle shall be driven to the left of the centerline of the
61	roadway, except when authorized by official traffic control
62	devices designating certain lanes to the left side of the center
63	of the roadway for use by traffic not otherwise permitted to use
64	such lanes, or except as permitted under paragraph (1)(b).
65	However, this subsection shall not be construed as prohibiting
66	the crossing of the centerline in making a left turn into or
67	from an alley, private road, or driveway.
68	(a)  Upon a four-lane highway, an interstate highway, or a
69	highway with fully controlled access, or the Florida Intrastate
70	Highway System, a vehicle may not be driven in the left-hand
71	lane except when overtaking and passing another vehicle.
72	(b)  Paragraph (a) shall not apply:
73	1.  When no other vehicle is directly behind the vehicle in
74	the left-hand lane;
75	2.  When traffic conditions and congestion make it
76	impractical to drive in the right-hand lane;
77	3.  When inclement weather conditions make it necessary to
78	drive in the left-hand lane;
79	4.  When obstructions or hazards exist in the right-hand
80	lane;
81	5.  When, because of highway design, a vehicle must be
82	driven in the left-hand lane when preparing to exit;
83	6.  On toll highways when necessary to use Sun-Pass and on
84	toll and other highways when driving in the left-hand lane is
85	required to comply with an official traffic control device; or
86	7.  To law enforcement vehicles, ambulances, and other
87	emergency vehicles engaged in official duties and vehicles
88	engaged in highway maintenance and construction operations.
89	(4)  A violation of this section is a noncriminal traffic
90	infraction, punishable as a moving violation as provided in
91	chapter 318.
92	Section 4.  Paragraph (d) of subsection (3) of section
93	322.27, Florida Statutes, is amended to read:
94	322.27  Authority of department to suspend or revoke
95	license.--
96	(3)  There is established a point system for evaluation of
97	convictions of violations of motor vehicle laws or ordinances,
98	and violations of applicable provisions of s. 403.413(6)(b) when
99	such violations involve the use of motor vehicles, for the
100	determination of the continuing qualification of any person to
101	operate a motor vehicle. The department is authorized to suspend
102	the license of any person upon showing of its records or other
103	good and sufficient evidence that the licensee has been
104	convicted of violation of motor vehicle laws or ordinances, or
105	applicable provisions of s. 403.413(6)(b), amounting to 12 or
106	more points as determined by the point system. The suspension
107	shall be for a period of not more than 1 year.
108	(d)  The point system shall have as its basic element a
109	graduated scale of points assigning relative values to
110	convictions of the following violations:
111	1.  Reckless driving, willful and wanton--4 points.
112	2.  Leaving the scene of a crash resulting in property
113	damage of more than $50--6 points.
114	3.  Unlawful speed resulting in a crash--6 points.
115	4.  Passing a stopped school bus--4 points.
116	5.  Unlawful speed:
117	a.  Not in excess of 15 miles per hour of lawful or posted
118	speed--3 points.
119	b.  In excess of 15 miles per hour of lawful or posted
120	speed--4 points.
121	6.  All other moving violations (including parking on a
122	highway outside the limits of a municipality)--3 points.
123	However, no points shall be imposed for a violation of s.
124	316.0741 or s. 316.2065(12).
125	7.  Any moving violation covered above, excluding unlawful
126	speed, resulting in a crash--4 points.
127	8.  Any conviction under s. 403.413(6)(5)(b)--3 points.
128	9.  Any conviction under s. 316.081--3 points.
129	Section 5.  The Department of Highway Safety and Motor
130	Vehicles shall provide an educational awareness campaign
131	informing the motoring public about the Road Rage Reduction Act.
132	The department shall provide information about the Road Rage
133	Reduction Act in all newly printed driver license educational
134	materials after July 1, 2005, and in public service
135	announcements produced in cooperation with the Florida Highway
136	Patrol.
137	Section 6.  Effective July 1, 2005, a driver of a motor
138	vehicle who does not violate the then-existing provisions of
139	section 316.081, Florida Statutes, but whose conduct would
140	violate those provisions as amended effective January 1, 2006,
141	may be issued a verbal warning and given educational literature
142	regarding the changes in this act by a law enforcement officer.
143	Section 7.  Except as otherwise provided herein, this act
144	shall take effect July 1, 2005.

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