SB 78

Under existing law, vehicles shall be driven in the right-hand lane of traffic except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn

This bill would require that all motor vehicles operated on roadways with four or more lanes that provide for the two-way movement of traffic be driven in the right-hand lane except when overtaking and passing another vehicle, with exceptions. The bill would also provide a fine for a violation

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to motor vehicles; to amend Section 32-5A-80, Code of Alabama 1975, to require that motor vehicles traveling on certain roadways be driven in the right lane except under certain conditions; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Section 1

Section 32-5A-80 of the Code of Alabama 1975, is amended to read as follows:

§32-5A-80.

(a) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:

(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

(2) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person doing so shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;

(3) Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or (4) Upon a roadway restricted to one-way traffic.

(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.

(c) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic-control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subsection (a)(2). However, this subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road, or driveway.

(d)(1) Upon any roadway having four lanes for moving traffic and providing for two-way movement of traffic, a motor vehicle shall travel in the right lane unless passing a vehicle or vehicles. A motor vehicle may not travel in the leftmost lane in order to pass another vehicle or vehicles for more than two miles without completely passing the other vehicle or vehicles unless traffic does not allow the motor vehicle to pass and return to the right lane. As used in this subsection, the term motor vehicle includes, but is not limited to, automobiles, motorcycles, mobile trailers, semitrailers, trucks, truck tractors, buses, and coaches, but the term does not include emergency vehicles.

(2) Upon any roadway having more than four lanes for moving traffic and providing for two-way movement of traffic, a motor vehicle may not travel in the leftmost lane unless passing a vehicle or vehicles. A motor vehicle may not travel in the leftmost lane in order to pass another vehicle or vehicles for more than two miles without completely passing the other vehicle or vehicles unless traffic does not allow the motor vehicle to pass and return to the right lane.

(e) Motor vehicles may travel in the leftmost lane under any of the following circumstances:

(1) When traffic conditions, hazards, or road configurations require the use of the leftmost lane to maintain safe traffic conditions, such as merging traffic.

(2) When traffic markers or signs require motor vehicles to travel in the leftmost lane, such as construction zones.

(3) When interstate exits are on the left.

(4) When traveling in a high-occupancy vehicle (HOV) lane.

(5) When moving away from an emergency vehicle in accordance with the Alabama Move Over Act, Section 32-5A-58.2.

(f) A person who violates this section commits a violation punishable by a fine of two hundred fifty dollars ($250)."

Section 2

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.