Senate Bill Keeps Motorists to the Right-better to let danger pass? Ocala accident attorney explains.

As an Ocala accident attorney, on first reading, the Florida Highway Safety Act, also known as, S.B. 244 and H.B. 177, appears to encourage aggressive driving. 

Critics of the Act argue it's unfair to fine a motorist for driving the speed limit in the left lane when a driver overtakes from the rear, essentially tailgating.

But, I remember back to what my driving instructor/father told me when faced with an aggressive, tailgating driver:  Just move over, and let them pass.  Don't get into a battle of the wills.  The aggressive driver is in an emotional state of mind.  So, better to let danger pass, literally, than stand in its way. 

Now, it seems the Florida Senate adopted my father's reasoning-move right, let them by, or now it seems - get a fine.

While it still seems overly harsh to get a fine for "aggressive careless driving" for failing to keep to the right, even when traveling the speed limit, the Act contains several exceptions.   The move-to-the-right rule doesn't apply when the driver in the left-hand lane:

• 1. is driving the speed limit and not impeding the flow of traffic;
• 2. is passing a driver in the adjacent, right-hand lane, so it can move right;
• 3. is making a left-hand turn;
• 4. traffic in all lanes is substantially the same (think, traffic jam);
• 5. moving right would be dangerous (ie., accident in right-hand lane); or
• 6. law enforcement, road crew, or a traffic sign instructs cars to keep left.

For now, Florida motorists will wait to see whether the House and Governor Rick Scott give the go-ahead on the bill, like the Senate earlier this legislative season.

For more information: 

Florida Senate Bill Passes to Keep Motorists to the Right