# Freeways and "passing lane" question. **URL:** \ **Category:** Factual Questions\ **Created:** [May 21, 2003, 5:33pm UTC](https://boards.straightdope.com/t/freeways-and-passing-lane-question/176598 "2003-05-21T17:33:57Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![teela\_brown](https://avatars.discourse-cdn.com/v4/letter/t/d9b06d/32.png) [@teela\_brown](https://boards.straightdope.com/u/teela_brown)\ **Post date:** [May 21, 2003, 5:33pm UTC](https://boards.straightdope.com/t/freeways-and-passing-lane-question/176598/1 "2003-05-21T17:33:57Z")
**NOTE:** This is not a thread inviting rants about passing lanes, speeding, slowpokes, road rage, etc. If you want to rant or argue, go over to the Pit; there is a thread open at this moment where you may vent your spleen. I opened this thread because I want to settle, once and for all, the actual question of whether THE LAW states that the left-hand lane on a freeway is a passing lane, and everyone should stay out of it unless they are passing other traffic. I’m not talking about the temporary passing lanes provided on narrower mountain roads which enable one to pass slower traffic; I’m talking about the concept of a passing lane on multi-lane freeways. I am also aware that laws may vary from state to state. I’m trying to Google this myself, but so far am just coming up with the addresses of other message boards wherein the posters continue the same rants we find in our Pit. I did find [this](http://www.dui-law.com/speedn01.htm) page, which stated that in California “‘Passing lane’ is not defined in the Vehicle Code. But such lanes are marked by highway signs.” I presume this refers to the “mountain road” passing lanes I discuss above. Please only post to this thread if you are able to provide actual cites. I’m really very curious to get this settled. ---
**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\ **Post date:** [May 21, 2003, 5:50pm UTC](https://boards.straightdope.com/t/freeways-and-passing-lane-question/176598/2 "2003-05-21T17:50:04Z")
It depends on the state. In California you can drive in any lane. In other states only trucks might be restricted to the right lane, and in others all vehicles, except when passing. Of course California has the _motorcycle’s_ passing lane, which is totally cool. 😃 ---
**Author:** ![DiLLiGaF](https://avatars.discourse-cdn.com/v4/letter/d/45deac/32.png) [@DiLLiGaF](https://boards.straightdope.com/u/DiLLiGaF)\ **Post date:** [May 21, 2003, 5:55pm UTC](https://boards.straightdope.com/t/freeways-and-passing-lane-question/176598/3 "2003-05-21T17:55:37Z")
this link shows some of the laws and how they vary from state to state. I have always believed that you could be ticketed for drving in the left lane, not that it changes the way I drive, it is a courtesy thing… ok, turning off the rant before it starts 8-). [http://www.mit.edu/~jfc/right.html](http://www.mit.edu/~jfc/right.html) ---
**Author:** ![Blown\_Injected](https://avatars.discourse-cdn.com/v4/letter/b/a87d85/32.png) [@Blown\_Injected](https://boards.straightdope.com/u/Blown_Injected)\ **Post date:** [May 21, 2003, 6:04pm UTC](https://boards.straightdope.com/t/freeways-and-passing-lane-question/176598/4 "2003-05-21T18:04:37Z")
I my state one may be ticketed for failing to obey a signal. This includes road signs. There are plenty of signs that say SLOWER TRAFFIC KEEP RIGHT. The signs do not add unless you are already going the speed limit or some pace that you have determined is good enough. A neighboring state has signs that say keep right except to pass. ---
**Author:** ![BrotherCadfael](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@BrotherCadfael](https://boards.straightdope.com/u/BrotherCadfael)\ **Post date:** [May 21, 2003, 6:23pm UTC](https://boards.straightdope.com/t/freeways-and-passing-lane-question/176598/5 "2003-05-21T18:23:55Z")
I often drive in the passing lane because the pavement in the travel lane is so damned miserable. If the Highway Department ever fixes it, I’ll go back to the travel lane. (What’s big and orange and sleeps three? A State Highways truck!) ---
**Author:** ![Blown\_Injected](https://avatars.discourse-cdn.com/v4/letter/b/a87d85/32.png) [@Blown\_Injected](https://boards.straightdope.com/u/Blown_Injected)\ **Post date:** [May 21, 2003, 6:26pm UTC](https://boards.straightdope.com/t/freeways-and-passing-lane-question/176598/6 "2003-05-21T18:26:55Z")
Yeah me too Brother, but if I see somebody comming - I’m out of there. ---
**Author:** ![LordVor](https://avatars.discourse-cdn.com/v4/letter/l/90ced4/32.png) [@LordVor](https://boards.straightdope.com/u/LordVor)\ **Post date:** [May 21, 2003, 6:28pm UTC](https://boards.straightdope.com/t/freeways-and-passing-lane-question/176598/7 "2003-05-21T18:28:22Z")
**DiLLiGaF** ’s link says it best. For the vast majority of states, you may drive in the left-most lane, as long as you are not impeding traffic. Some states add the caveat of “impeding traffic from going a reasonable speed”, but many do not. **Brother** , when the OP in GQ specifically asks for laws instead of opinions, the moderators tend to frown when people post their opinion, as we have other forums for that. -lv ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [May 21, 2003, 6:33pm UTC](https://boards.straightdope.com/t/freeways-and-passing-lane-question/176598/8 "2003-05-21T18:33:52Z")
So, puglvr, it would help if you added your State of origin. But basicly- no. It is a hang-over form the old days of two lane (each way) highways, where such, if not the law, was courtesy. ---
**Author:** ![LilShieste](https://avatars.discourse-cdn.com/v4/letter/l/9f8e36/32.png) [@LilShieste](https://boards.straightdope.com/u/LilShieste)\ **Post date:** [May 21, 2003, 6:38pm UTC](https://boards.straightdope.com/t/freeways-and-passing-lane-question/176598/9 "2003-05-21T18:38:59Z")
I’m not sure of the cause of this disrepancy, but about 5 years ago I got pulled over by a State Highway Patrol officer for driving in the left lane while not passing someone. His exact words: “Did you know it is illegal, in the state of Missouri, to drive in the left lane unless you are passing a vehicle?” This conflicts with the webpage from MIT that **DiLLiGaF** posted. LilShieste ---
**Author:** ![Bearflag70](https://avatars.discourse-cdn.com/v4/letter/b/8e7dd6/32.png) [@Bearflag70](https://boards.straightdope.com/u/Bearflag70)\ **Post date:** [May 21, 2003, 6:52pm UTC](https://boards.straightdope.com/t/freeways-and-passing-lane-question/176598/10 "2003-05-21T18:52:40Z")
It is the law in California to keep to the right except to pass if you are traveling at less than the normal speed of traffic. See CVC § 21654(a) below. [Here](http://boards.straightdope.com/sdmb/showthread.php?threadid=172349&perpage=50&highlight=bearflag70%20left%20lane&pagenumber=2) is a thread debating the meaning of these laws. > [@](#): > > _California Vehicle Code § 22350_ > > \*\*Basic speed law > > No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.\*\* > > _California Vehicle Code § 22400_ > > **Minimum speed law > (a) No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic unless the reduced speed is necessary for safe operation, because of a grade, or in compliance with law. > No person shall bring a vehicle to a complete stop upon a highway so as to impede or block the normal and reasonable movement of traffic unless the stop is necessary for safe operation or in compliance with law.** > > _California Vehicle Code § 21654_ > > \*\*Slow-moving vehicles > > (a) Notwithstanding the prima facie speed limits, any vehicle proceeding upon a highway at a speed less than the normal speed of traffic moving in the same direction at such time shall be driven in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb, 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. > (b) If a vehicle is being driven at a speed less than the normal speed of traffic moving in the same direction at such time, and is not being driven in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb, it shall constitute prima facie evidence that the driver is operating the vehicle in violation of subdivision (a) of this section. > © The Department of Transportation, with respect to state highways, and local authorities, with respect to highways under their jurisdiction, may place and maintain upon highways official signs directing slow-moving traffic to use the right-hand traffic lane except when overtaking and passing another vehicle or preparing for a left turn.\*\* > > _California Vehicle Code § 21656_ > > \*\*Turning out of slow-moving vehicles > > On a two-lane highway where passing is unsafe because of traffic in the opposite direction or other conditions, a slow-moving vehicle, including a passenger vehicle, behind which five or more vehicles are formed in line, shall turn off the roadway at the nearest place designated as a turnout by signs erected by the authority having jurisdiction over the highway, or wherever sufficient area for a safe turnout exists, in order to permit the vehicles following it to proceed. As used in this section a slow-moving vehicle is one which is proceeding at a rate of speed less than the normal flow of traffic at the particular time and place.\*\* > > _California Vehicle Code § 21750_ > > \*\*Overtake and pass to left > > The driver of a vehicle overtaking another vehicle or a bicycle proceeding in the same direction shall pass to the left at a safe distance without interfering with the safe operation of the overtaken vehicle or bicycle, subject to the limitations and exceptions hereinafter stated.\*\* > > _California Vehicle Code § 21754_ > > \*\*Passing on the right > > The driver of a motor vehicle may overtake and pass to the right of another vehicle only under the following conditions: > (a) When the vehicle overtaken is making or about to make a left turn. > (b) Upon a highway within a business or residence district with unobstructed pavement of sufficient width for two or more lines of moving vehicles in the direction of travel. > © Upon any highway outside of a business or residence district with unobstructed pavement of sufficient width and clearly marked for two or more lines of moving traffic in the direction of travel. > (d) Upon a one-way street. > (e) Upon a highway divided into two roadways where traffic is restricted to one direction upon each of such roadways. > The provisions of this section shall not relieve the driver of a slow moving vehicle from the duty to drive as closely as practicable to the right hand edge of the roadway.\*\* > > _California Vehicle Code § 21753_ > > \*\*Yielding for passing > > Except when passing on the right is permitted, the driver of an overtaken vehicle shall safely move to the right-hand side of the highway in favor of the overtaking vehicle after an audible signal or a momentary flash of headlights by the overtaking vehicle, and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle. This section does not require the driver of an overtaken vehicle to drive on the shoulder of the highway in order to allow the overtaking vehicle to pass.\*\* ---
**Author:** ![astorian](https://avatars.discourse-cdn.com/v4/letter/a/ad7895/32.png) [@astorian](https://boards.straightdope.com/u/astorian)\ **Post date:** [May 21, 2003, 7:33pm UTC](https://boards.straightdope.com/t/freeways-and-passing-lane-question/176598/11 "2003-05-21T19:33:42Z")
Here in Texas, it is now a matter of law that the left lanes on most major highways are for passing only. Signs along the interstates announce the rule regularly. Does anyone pay attention? Not yet. Has anybody I know gotten a ticket for staying too long in the left lane? Not so far. I’ll keep you posted. ---
**Author:** ![aktep](https://avatars.discourse-cdn.com/v4/letter/a/f0a364/32.png) [@aktep](https://boards.straightdope.com/u/aktep)\ **Post date:** [May 21, 2003, 7:52pm UTC](https://boards.straightdope.com/t/freeways-and-passing-lane-question/176598/12 "2003-05-21T19:52:43Z")
Most jurisdictions in Texas have chosen not to enforce the “Left Lane for Passing Only” signs, and the law for them seems to be written not to encourage all drivers to stay out of the left lane, but rather to enable officers to ticket drivers who create unsafe situations by driving in the left lane at a speed below that of the pravailing traffic flow. ---
**Author:** ![teela\_brown](https://avatars.discourse-cdn.com/v4/letter/t/d9b06d/32.png) [@teela\_brown](https://boards.straightdope.com/u/teela_brown)\ **Post date:** [May 21, 2003, 8:08pm UTC](https://boards.straightdope.com/t/freeways-and-passing-lane-question/176598/13 "2003-05-21T20:08:21Z")
Thank you, \*\* DiLLiGaF \*\* and **BearFlag70** , for finding and posting the relevant laws. I was not as successful as you at tracking them down. That link to the comparative laws between states was especially interesting. **DrDeth** , I’m a Californian, so the sections from the California Vehicle Code are relevant for me. My reading of them indicates that California does not support a “passing lane” law, only that traffic traveling slower than the _normal flow of traffic_ should keep to the right. This is right and proper, and I have no problem with it. According the site linked by \*\* DiLLiGaF\*\*, only Kentucky, Maine, Massachusetts, New Jersey, Pennsylvania and Washington have laws stating positively that the left lane is to be reserved for passers only. **LilShieste** , maybe Missouri’s law has changed in the last five years. I don’t know about other areas, but here in the bay area of California, at least, the extreme left lane is usually a commuter’s diamond lane. If one assumed that the next to the extreme left lane were to be set aside for passers only, that would leave just 1 or 2 lanes for normal non-passing driving. We’re congested enough here as it is! ---
**Author:** ![Bearflag70](https://avatars.discourse-cdn.com/v4/letter/b/8e7dd6/32.png) [@Bearflag70](https://boards.straightdope.com/u/Bearflag70)\ **Post date:** [May 21, 2003, 10:47pm UTC](https://boards.straightdope.com/t/freeways-and-passing-lane-question/176598/14 "2003-05-21T22:47:20Z")
Ahhh… but if you look into that thread I posted, the question becomes interesting when the “normal flow of traffic” exceeds the posted speed limit. Does a person who is driving at or below the speed limit in the fast lane of a multi-lane freeway have to yeild (by moving to the right) to a speeding driver who comes up from behind if the speeding driver is driving with “normal flow of traffic” which is also above the posted speed limit? You don’t have to answer… just an interesting question. ---
**Author:** ![Bearflag70](https://avatars.discourse-cdn.com/v4/letter/b/8e7dd6/32.png) [@Bearflag70](https://boards.straightdope.com/u/Bearflag70)\ **Post date:** [May 21, 2003, 10:48pm UTC](https://boards.straightdope.com/t/freeways-and-passing-lane-question/176598/15 "2003-05-21T22:48:30Z")
BTW, [www.findlaw.com](http://www.findlaw.com) ---
**Author:** ![Abe\_User](https://avatars.discourse-cdn.com/v4/letter/a/dfb087/32.png) [@Abe\_User](https://boards.straightdope.com/u/Abe_User)\ **Post date:** [May 21, 2003, 10:57pm UTC](https://boards.straightdope.com/t/freeways-and-passing-lane-question/176598/16 "2003-05-21T22:57:37Z")
About 10 years ago I got a ticket on the New Jersey Turnpike (“NJT”) for riding in the left lane. Actually, I was doing about 78mph (slightly faster than the flow of traffic on the NJT), and the cop was going to give me a speeding ticket. I talked him down from the speeding tix (4pts on my license) to the left lane tix (2pts). Either way it was BS since the whole NJT was doing approx. 70. ---
**Author:** ![TheLoadedDog](https://avatars.discourse-cdn.com/v4/letter/t/35a633/32.png) [@TheLoadedDog](https://boards.straightdope.com/u/TheLoadedDog)\ **Post date:** [May 21, 2003, 11:32pm UTC](https://boards.straightdope.com/t/freeways-and-passing-lane-question/176598/17 "2003-05-21T23:32:55Z")
> [@](#): > > \*Originally posted by DrDeth \* > \*\*… It is a hang-over form the old days of two lane (each way) highways, where such, if not the law, was courtesy. \*\* In New South Wales, Australia, this would not seem to be the case. For decades, it seemed that you could be in any marked lane so long as you were not discourteously blocking traffic, and there was no legal requirement to keep left (we drive on the left). Only in the last ten years or so have signs appeared on freeways saying “KEEP LEFT UNLESS OVERTAKING. FINES APPLY”. These were previously only used for overtaking lanes, which are the temporary extra lane on otherwise two lane blacktop, as noted above. Now, on freeways, where the multiple lanes extend for many miles, most people still ignore these, and it doesn’t seem to be enforced terribly strongly. It becomes a bit more complicated when the two lanes (left=slow, right=overtaking) become three or four. Then you might have (left to right) Lane One= slow (heavy vehicles), Lane Two=“normal”, Lane Three=overtaking, Lane Four=“Transit Lane”(vehicles with a specifies number of occupants only [to encourage ride sharing]). I kinda wing it in these situations. If there are only one or two cars going slowly on the extreme left, I’ll do the right thing and merge back to the left after I pass each one. If there are quite a few, I’ll rely on the common sense of any highway patrol cops who may be around, and stay in the next lane across the whole time. ---
**Author:** ![moriah](https://avatars.discourse-cdn.com/v4/letter/m/b2d939/32.png) [@moriah](https://boards.straightdope.com/u/moriah)\ **Post date:** [May 22, 2003, 3:57am UTC](https://boards.straightdope.com/t/freeways-and-passing-lane-question/176598/18 "2003-05-22T03:57:22Z")
As the quoted link shows, NJ is definitely a “don’t even go into the left hand lane unless you plan to pass, and when you do pass, get back out of it.” I know someone ticketed for driving in the left lane even though there was practically no one else on the road very late at night. (While that kind of ticketing is unusual, an officer can still cite someone for it just because they feel like it – it is the law, after all.) In general, the trafic in NJ is so heavy most of the time throughout the entire state that the rule is ignored. IOW, all lanes are almost always occupied. However, it is still expected that if you’re in the left lane, and someone gets behind you, then you move over first chance you get to let them pass. NJ drivers will turn on their high beams and honk if you don’t. Oh, and in NJ, it’s illegal to pass on the right, even in a multi-lane road. You only pass on the left. ## Peace. And they’re damned good laws, too, IMO. ---
**Author:** ![brad\_d](https://avatars.discourse-cdn.com/v4/letter/b/50afbb/32.png) [@brad\_d](https://boards.straightdope.com/u/brad_d)\ **Post date:** [May 22, 2003, 4:22am UTC](https://boards.straightdope.com/t/freeways-and-passing-lane-question/176598/19 "2003-05-22T04:22:11Z")
I’m fascinated (but not surprised or upset) to discover from **Bearflag70** ’s post that passing on the right appears to be perfectly legal on many California roads. The law basically says that passing on the right is allowed ONLY WHEN…, and then proceeds to describe just about every road that’s not two-lane. ---
**Author:** ![commasense](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/commasense/32/3017_2.png) [@commasense](https://boards.straightdope.com/u/commasense)\ **Post date:** [May 22, 2003, 5:41am UTC](https://boards.straightdope.com/t/freeways-and-passing-lane-question/176598/20 "2003-05-22T05:41:06Z")
Here in the suburbs of Washington, DC, home to perhaps the worst drivers in the world, most people won’t keep to the right when they’re not passing. In fact, many won’t even move right when a faster car is coming up behind them and the lane on their right is empty, thus forcing the rest of us to pass them on the right. We even have a word for sitting in the left lane and going at the speed limit: nestoring. From [this site:](http://tobaccodocuments.org/pm/2046936830-6839.html) > [@](#): > > \*\*In 1984, John Nestor become notoriously famous in Washington D.C. Mr. Nestor had adopted a unique way of driving on the Beltway, the major highway which encircles the city. He would get into the left lane of the Beltway, set his cruise control at 55 mph, and drive at that speed, come hell or high water. > > Mr. Nestor liked the left lane because it hacl the smoothest road surface and it allowed him to avoid the slower traffic entering and leaving the highway on the right. He also liked it because it enabled him to force others to obey the 55 mph speed limit. Cars and trucks whose drivers thought less of that law would crowd up behind him, honk their horns and flash their lights. > > None of this fazed him in the least. John Nestor stayed in his lane, going at precisely 55 mph. In his words, “Why should I inconvenience myself for someone who wants to speed?” > > For this practice, which he proudly announced to newspaper reporters, Mr. Nestor was applauded by some and denounced by others. One commenter coined the term “nestoring” to designate this form of driving treachery.\*\* (This was written by someone who worked with Nestor at the FDA.) This selfish, self-righteous, and downright dangerous attitude remains rather common on the roads around the metro DC area. In fact, the attitude that I can do whatever I want, despite its illegality, despite what anyone else thinks, despite the obvious risks to public safety, has been quickly adopted by recent arrivals from other areas, like Texas. [Next page](https://boards.straightdope.com/t/freeways-and-passing-lane-question/176598.md?page=2)