In Virginia (especially northern Virginia) we tend to drive like mad-men. Thousands of cars and trucks barreling down eight lane highways at 15 mph or more over the speed limit. But there is always that one guy who is creeping along the left lane well bellow the normal speed of traffic. Is that legal? Are we allowed to drive slow in the left lane?
Ok here is the answer. There are several laws that dictate when and how we can drive in the left lane.
§ 46.2-804. Special regulations applicable on highways laned for traffic
“…1. Any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions existing, shall be driven in the lane nearest the right edge or right curb of the highway when such lane is available for travel except when overtaking and passing another vehicle or in preparation for a left turn or where right lanes are reserved for slow-moving traffic as permitted in this section;…”
§ 46.2-842. Driver to give way to overtaking vehicle
“Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle….”
§ 46.2-803.1. Commercial motor vehicles limited to use of certain lanes of certain interstate highways
“Except where the posted speed limit is less than 65 miles per hour, no person shall drive any commercial motor vehicle, as defined in § 46.2-341.4, on the left-most lane of any interstate highway having more than two lanes in each direction.
Furthermore, within the Eighth Planning District and on Interstate Route 81, no person shall drive any commercial motor vehicle, as defined in § 46.2-341.4, on the left-most lane of any interstate highway having more than two lanes in each direction, regardless of the posted speed limit. Every commercial motor vehicle shall keep to the right-most lane when operating at a speed of 15 miles per hour or more below the posted speed limit on an interstate highway with no more than two lanes in each direction.
The provisions of this section shall not apply to (i) buses or school buses or (ii) other commercial vehicles when (a) preparing to exit a highway via a left exit or (b) being used to perform maintenance or construction work on an interstate highway.”
§ 46.2-842.1. Drivers to give way to certain overtaking vehicles on divided highways
“… On audible or light signal, the driver of the overtaken vehicle shall move to the right to allow the overtaking vehicle to pass as soon as the overtaken vehicle can safely do so…”
What do these laws mean? First, 46.2-804 says that you cannot drive in the left lane if you are driving less than the normal speed of traffic at that time and place. “Less than the normal speed of traffic” is very vague, but It could be argued that it means the average speed at that time.
Second 46.2-842 says that you must switch to the right lanes and get out of the way on the vehicles behind you if they have given any audible signal (i.e. honked horn). 46.2-842.1 restates this same rule. 46.2-842 also says you are not allowed to speed up until you have been completely passed.
46.2-803.1 makes it illegal for certain commercial vehicle to drive in the left lane any time the speed limit is 65 mph or greater and there are three lanes or more. Driving in the left lane is also banned in certain parts of interstate 81 and allowed when making a left exit.
So, in conclusion, don’t drive in the left lane bellow the normal speed of traffic, when people are honking at you, or when you are in a commercial vehicle on certain highways unless you are turning or exiting left. Also, apparently, honking at people who drive slow in the left lane is allowed under Virgina law.
Luke J. Nichols
Spectrum Legal Defense
www.spectrum-legal.com
