Bill Text: MS HB153 | 2010 | Regular Session | Introduced

Mississippi House Bill 153 (Prior Session Legislation)

Introduced

Bill Title: Left-hand lane traffic; require to move over when overtaken by vehicle traveling at higher rate of speed.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2010-02-02 - Died In Committee [HB153 Detail]

Download: Mississippi-2010-HB153-Introduced.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Transportation

By: Representative Moak

House Bill 153

AN ACT TO AMEND SECTION 63-3-603, MISSISSIPPI CODE OF 1972, TO REQUIRE A PERSON OPERATING A MOTOR VEHICLE ON A ROADWAY WITH TWO OR MORE LANES ALLOWING FOR MOVEMENT IN THE SAME DIRECTION TO MOVE FROM THE MOST LEFT-HAND LANE WHEN OVERTAKEN BY A MOTOR VEHICLE IN THAT LANE; TO AMEND SECTION 65-7-39, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 63-3-601, MISSISSIPPI CODE OF 1972, TO REVISE NUMBERING; TO BRING FORWARD SECTIONS 63-3-611 AND 63-3-617, MISSISSIPPI CODE OF 1972, WHICH GOVERN ROADWAY USAGE, FOR THE PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 63-3-603, Mississippi Code of 1972, is amended as follows:

63-3-603. Whenever any roadway has been divided into three (3) or more clearly marked lanes for traffic, except through or bypassing a municipality, the following rules in addition to all others consistent herewith shall apply:

(a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

(b) A vehicle shall not be driven in the center lane upon a roadway which is divided into three (3) lanes except when:

(i) Overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance;

(ii) Such vehicle is in preparation for a left turn; or

(iii) Such center lane is at the time allocated exclusively to traffic moving in the direction such vehicle is proceeding and is signposted to give notice of such allocation.

(c) Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of every such sign.

(d) 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.

(e) Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two (2) abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane.

(f) (i) Except as otherwise provided in subparagraph (ii), on roads, streets, or highways with two (2) or more lanes allowing for movement in the same direction, no person shall continue to operate a motor vehicle in the most left-hand lane at less than the maximum legal speed of traffic, considering the time and place and the conditions then existing, once that person knows or should reasonably know that he is being overtaken in that lane from the rear by a motor vehicle traveling at a higher rate of speed.

(ii) Subparagraph (i) shall not be enforced when the overtaken person is overtaking and passing another vehicle proceeding in the same direction or is preparing for a left turn at an intersection or into a private road or driveway.

SECTION 2. Section 65-7-39, Mississippi Code of 1972, is amended as follows:

65-7-39. All drivers of carriages * * * using any public road, with any number of divided lanes for traffic, shall keep to the right hand when met by another carriage or vehicle or when overtaken by another carriage or vehicle, so as in both cases to permit the carriage or vehicle so meeting or overtaking to pass free and uninterrupted. Any person willfully offending against this provision shall be guilty of a misdemeanor under Chapter 9, Title 63, Mississippi Code of 1972, and, on conviction, fined according to that chapter. If injury results from the offense, the person so offending shall be subject to an action for damages at the suit of the party injured.

SECTION 3. Section 63-3-601, Mississippi Code of 1972, is amended as follows:

63-3-601. Upon all roadways of sufficient width a vehicle shall be driven upon the right one-half (1/2) of the roadway, except as follows:

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

(b) When the right one-half (1/2) of a roadway is closed to traffic while under construction or repair;

(d) Upon a roadway designated and signposted for one-way traffic.

SECTION 4. Section 63-3-611, Mississippi Code of 1972, is brought forward as follows:

63-3-611. (1) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred (100) feet of any vehicle approaching from the opposite direction.

(2) No vehicle shall, in overtaking and passing another vehicle or at any other time, be driven to the left side of the roadway under the following conditions:

(a) When approaching the crest of a grade or upon a curve in the highway where the driver's view along the highway is obstructed;

(b) When approaching within one hundred (100) feet of any marked or readily distinguishable bridge, viaduct or tunnel on any roadway other than a four-lane roadway;

(c) When approaching within one hundred (100) feet of or traversing any marked or readily distinguishable intersection or railroad grade crossing;

(d) When official signs are in place directing that traffic keep to the right, or a distinctive center line is marked, which distinctive line also so directs traffic as declared in the sign manual adopted by the State Transportation Commission.

SECTION 5. Section 63-3-617, Mississippi Code of 1972, is brought forward as follows:

63-3-617. It shall be unlawful for the driver of any truck or other vehicle to drive in or near the center of any highway for a distance of more than two hundred yards, or at any time to refuse to turn to the right in order that any driver desiring to pass said truck or other vehicle, may drive at a higher legal rate of speed.

SECTION 6. This act shall take effect and be in force from and after July 1, 2010.