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:
(3) Any vehicle proceeding upon a roadway 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 edge or curb of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn or U-turn at an intersection or a left turn into a private road or driveway, and except as provided in s. 346.072.
This statute requires vehicles to travel in the right lane if they are traveling at less than “the normal speed of traffic.
