House Bill 565

AN ACT TO AMEND SECTION 63-3-603, MISSISSIPPI CODE OF 1972, TO REQUIRE OPERATORS OF MOTOR VEHICLES TO MOVE FROM THE LEFT LANE WHEN BEING OVERTAKEN FROM THE REAR; TO PROVIDE EXCEPTIONS WHEN AN OPERATOR OF A MOTOR VEHICLE IS NOT REQUIRED TO MOVE FROM LEFT LANE WHEN BEING OVERTAKEN; TO REQUIRE OPERATORS OF MOTOR VEHICLES TRAVELING AT A SLOW RATE OF SPEED ON TWO OR THREE-LANE ROADS TO GIVE RIGHT-OF-WAY AT THE EARLIEST POSSIBLE POINT IF THEY ARE BLOCKING THREE OR MORE VEHICLES; 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. (1) 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) A person who knows, or should reasonably know, that another vehicle is overtaking from the rear the vehicle that the person is operating shall not continue to operate the vehicle in the left most lane. In the enforcement of this paragraph, law enforcement officers shall determine whether the vehicle overtaking from the rear is traveling at an excessive rate of speed, and if so, shall first issue a ticket to the operator of the speeding vehicle. However, this paragraph shall not apply if any of the following conditions are met:

(i) Traffic conditions or congestion make it necessary to operate a vehicle in the left most lane;

(ii) Inclement weather, obstructions or hazards make it necessary to operate a vehicle in the left most lane;

(iii) Compliance with a law, regulation, ordinance or a traffic control device makes it necessary to operate a vehicle in the left most lane;

(iv) The vehicle is exiting a roadway or turning to the left;

(v) The vehicle operator is paying a toll or user fee at a toll collection facility;

(vi) The vehicle is an authorized emergency vehicle operated in the course of duty; or

(vii) The vehicle is being operated or used in the course of highway maintenance or construction.

(2) A person who is driving on a two-lane road or a three-lane road with a center lane and is driving at such a slow rate of speed so that three (3) or more other vehicles are blocked and cannot pass on the left around the vehicle shall give right-of-way to the other vehicles by pulling off to the right of the right lane at the earliest reasonable opportunity and allow the blocked vehicles to pass.

SECTION 2. This act shall take effect and be in force from and after July 1, 2018.