New laws have gone into effect in the state of Oklahoma concerning drivers who drive continually drive in the left lane on interstate highways, but the subject seems to draw a lot of attention in Arkansas as well.
Some of the most spirited discussions on social media addressing wether it is, or isn’t, against the law.
Turns out, it depends on who you ask.
It doesn’t take much time driving down I-40 or I-49 to notice many drivers cruising in the left lane, often motioning for faster drivers to ‘pass them.’ Arkansas Code Annotated 27-51-301 states, “vehicles to be driven on right side of roadway … motor vehicles shall not be operated continuously in the left lane of a multi lane roadway whenever it impedes the flow of other traffic.”
Therein lies the rub.
If you are doing the speed limit of 70 miles per hour in the left-hand lane and some late-to-work, obnoxious, road-raging goon runs up on your tail in an effort to get you to “pull over” and let him pass, the law — as written — could mean that he is actually the one breaking the law.
The argument being if you are doing the legal speed limit, then how can you be impeding the legal flow of traffic. The argument then becomes multi-faceted.
One, if the speeder in questions wants to go around you that badly, why doesn’t he just pass on the right side? While it’s “against the law” to pass on the right, a driver that is obviously going to break the law by going faster than the posted speed limit but refuses to pass on the right seems to be picking and choosing the laws he obeys.
Secondly, the state can make no law that compels a citizen to aid and abet in the commission of a violation of a law. So if you are doing 70 miles per hour in a 70 miles per hour zone someone wanting you to get over to allow them to speed has no reasonable expectation of you being “compelled” to get over for them.
It is, for lack of a better term, confusing.
Bill Sadler, who is the public information officer for the Arkansas state Police contends that a state trooper who witnesses an impeding violation “must assess the totality of the circumstances and determine whether there is a speeding violation in a particular lane of traffic or if there is a violation caused by a driver who may be traveling at the speed limit, yet failing to allow traffic at the rear to pass.”
But that’s not what the actual law states. The law clearly says it’s “against the law to drive in the left lane and IMPEDE traffic” and under Sadler’s scenario, an officer could give one driver a ticket for impeding and the second driver for speeding in the same stop.
In other words. if a trooper decides that you driving in the left lane was not impeding traffic then you can drive in the let lane all you want. But if he decides you were impeding traffic — even if you are doing the posted legal speed limit — he can write you a ticket. He can also write the guy who was tailgating you a citation for following too close or, once he passes you, for speeding.
The guy with the heavy foot and the Speed Racer helmet doesn’t get to determine you are breaking the law by driving in the left lane. And a driver in the left lane who is doing the speed limit, doesn’t get to use the left lane as a personal tool for slowing down speeders.
So, the question remains. Is it against the law to drive in the left lane?
One half argues it’s the law to drive on the right unless you are passing. The other half says you can drive in the left lane unless you are impeding the legal flow of traffic.
Common sense dictates reasons for pulling over and yielding to others in the left lane in some circumstances. Obviously emergency vehicles displaying flashing lights or even personal vehicles with their emergency/hazard lights flashing should be allowed to pass.
Also, common road courtesy would dictate if you are driving in the left lane and someone wants to pass, allowing them to do so will usually keep you from enduring road rage from that individual who, in all honesty, shouldn’t be out driving among the public in the first place.
There is precedent statewide for it not being “against the law” to drive in the left lane.. A number of tickets written for “impeding” traffic for driving in the left lane have been thrown out of court hinging on how the word “impede” is defined.
Sadler says the application of the law hinges on the individual troopers definition of “impeding” and is different in each situation.
So troopers are making up the law as they go along?
One state lawmaker — who laughingly called himself a “closet speeder” but who asked to remain anonymous so as not to offend half of the electorate — said the entire argument should be a moot point.
“The legislature needs to amend and clarify the wording in the law,” said the state representative. “Either something is against the law or it isn’t. You can’t have it both ways.”
So maybe it’s against the law. And maybe it isn’t.
Let the games begin.
