SPONSOR:

Sen. Townsend & Rep. Osienski

Sens. Poore, Sokola, Walsh

DELAWARE STATE SENATE

152nd GENERAL ASSEMBLY

SENATE BILL NO. 275

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING ON A ROADWAY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subchapter III, Chapter 41, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4114A. Lane travel restrictions on certain roadways.

(a) This section applies only to vehicles traveling on the portions of State Route 1 and Interstate 495 that are any of the following:

(1) An express highway, as defined in § 101 of Title 17.

(2) A controlled access facility, as defined in § 172 of Title 17.

(b) A vehicle may not travel in the left lane, except in any of the following circumstances:

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

(2) When necessary to enter, leave, or continue on the roadway.

(3) When necessary due to an obstruction.

(4) When necessary in response to emergency conditions.

(5) When necessary due to traffic conditions or congestion.

(6) To comply with other law or regulation.

(c) A vehicle with a Gross Vehicle Weight Rating of more than 26,000 pounds may only travel in the right-hand lane, except as provided in paragraphs (b)(1) through (b)(6) of this section.

(d) An operator who refuses, fails, or neglects to comply with this section is subject to a civil penalty as follows:

(1) For a first occurrence, a civil penalty of not less than $25 nor more than $75.

(2) For a subsequent occurrence, a civil penalty of not less than $57.50 nor more than $95.

SYNOPSIS

The purpose of this Act is to combat aggressive driving and dangerous speed differentials on targeted roadways. This Act prohibits vehicles from traveling in the left lane on the portions of State Route 1 or Interstate 495 that are an express highway, as defined in § 101 of Title 17, or a controlled access facility, as defined in § 172 of Title 17, except in any of the following circumstances:

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

(2) When necessary to enter, leave, or continue on the roadway.

(3) When necessary due to an obstruction.

(4) When necessary in response to emergency conditions.

(5) When necessary due to traffic conditions or congestion.

(6) To comply with other law or regulation.

In addition to being prohibited from traveling in the left lane, a vehicle with a Gross Vehicle Weight Rating of more than 26,000 pounds is further restricted to traveling only in the right-hand lane except in the same circumstances as when a vehicle may travel in the left lane.

An operator who refuses, fails, or neglects to comply with § 4114A is subject to a civil penalty as follows:

(1) For a first occurrence, a civil penalty of not less than $25 nor more than $75.

(2) For a subsequent occurrence, a civil penalty of not less than $57.50 nor more than $95.

Author: Senator Townsend