How fast can the passing lane go in a 55 MPH zone? (Florida)?
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How fast can the passing lane go in a 55 MPH zone? (Florida)?
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I am a minor with a legal license. Today I was driving home with both of my parents from having an Easter lunch with my grandparents (one day early, it was convenient) and was traveling 60 mph (59, actually, but lets round) in the left-hand lane of a high speed highway. (I would eventually have to be in that lane anyway, because the right-hand went somewhere I didn't want to go.) The normal speed limit on that road is 65, but because of road work, it was reduced to 55 and hadn't returned to normal yet. Several cars proceeded to pass me on the right at SEVENTY mph, and, due to this, even if I had wanted to return to the right lane, it would have been very difficult without accelerating to a speed at which either my parents would grow angry or I would feel uncomfortable and unlawful at. By chance, a police cruiser arrived behind me and promptly pulled me over, perplexing both myself and my parents. He proceeded to write a ticket for "traveling at cruising speed in a fast/passing lane" (the ticket said "slow moving vehicle failed to move to right lane"). Not only was I OVER the speed limit, but I was in poor conditions to make the desired shift, and if I had chosen to accelerate to do so anyway, he could have lawfully given me a speeding fine.
Now that the situation and reason have been established, here is my question: What do the Florida traffic laws state about the maximum speed one may go in the left lane in order to pass a vehicle in the right lane, or what is a website at which I could find or inquire about this information? I am concerned about the legitimacy of my ticket, as are my parents.
(Aside, what kind of police officer ENCOURAGES a teenage driver to accelerate regularly when she is already five over the posted limit? Christ!)
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Vince M
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As I read your question, it is clear that the officer, in NO WAY was encourageing you to drive any faster. You were cited for not pulling over to the slow lane to let others pass.
That's all.
You felt that the only way to get into the slower lane was to speed up? How does that make sense? You should have signalled and when safe to pull over, make the lane change. If the offer had spotted you TRYING to get over, you would not have recieved that ticket.
I agree that perhaps the officer should have been spending time citing the drivers that were speeding in the construction zone, but he was NOT encouraging you to go any faster.
1. You have to take ownership of your OWN actions and not blame others for your decision to be in that faster lane when the law states the you shouldn't be. It wouldn't matter how angry your parents might have gotten. YOU were behind the wheel and in control of the car. It is your responsibilty to make the right decisions and you, apparently, made the wrong one and got a ticket for it.
2. You can't waste your time worrying about how other drivers behave when they are breaking the law. The best you can do is stay out of their way and obey the traffic laws yourself. |
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Dimo J
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Ignorance of the law is no excuse. With the Internet there is no excuse for ignorance of the law. You were breaking the law, obstructing traffic, causing a safety hazzard.
Florida Vehicle Code:
316.081 Driving on right side of roadway; exceptions.--
... (2) 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.
As far as I know, this is the law in every State. It does not matter what the speed limit is or if you are driving at or above that limit. If you are driving less than the speed that everyone else is driving at you are required by law to be in the right most lane.
That all of the other drivers were speeding *does not matter* -- that is the normal speed of traffic and if you are unwilling to exceed the speed limit to that degree you need to be in the right most lane.
"slow moving vehicle failed to move to right lane" is not "traveling at cruising speed in a fast/passing lane". You were not cited to traveling at cruising speed in the left lane, the officer did not encourage you to accelerate to a faster speed. Indeed, you wrote the police cruiser "arrived behind me and promptly pulled me over". That your parents were in the car encouraging your illegal behaviour likely weighed in favor of the citation over a warning.
The link to the Florida Code is below, you can read the laws yourself. Just guessing, the maximum speed you can legally go in the left lane when passing is the posted speed limit.
Both you and your parents need to learn how to drive safely. |
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Old Man Dirt
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"Driving Too Slowly is also Against the Law
Drive with the flow of traffic (within the speed limit). You should not drive so slowly that you block other vehicles moving at normal, safe speeds. You can be issued a ticket for driving too slowly. When the posted speed limit is 70 mph, the minimum speed limit is 50 mph." (Drivers handbook "Your driving".
This law and its application is subject to interpretation, of both the Law enforcement officer and the Judge.
"Drive in the right lane and pass on the left. If there are three lanes, use the right lane for lower speed driving, the left for passing. If you stay in the right lane, watch for cars entering the expressway. Adjust your speed or move into the center lane so they can enter safely." (FDH " Express-way driving").
If you elect to appeal the citation, remember to make the point that the area was a construction zone, and that you felt that using the example of older drivers who were ignoring the speed restrictions would be no defense in court. |
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eric
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The best thing to do is drive in the right lane and if you need to get in the left lane because the right lane ends, you shouldn't get in the left lane until about 1-2 miles before your left lane exit if that's why you were in that lane and not cruise the left lane for 10+ miles. The left lane is the passing lane. Stay in the right lane and only use the left lane to pass, when passing is completed, move back to the right lane. You got a ticket because you were blocking faster traffic and making people pass in the right lane. I'm surprised you didn't get a warning since you're a new driver. Did your parents argue with the cop? Or did you argue with the cop? If so, that probably what got you the ticket.
I know people speed. The 55 mph speed limit is a joke. In most cities, even though the speed limit is 55, most of the traffic travels between 70-80 mph. A good rule of thumb is to either go with the flow and keep up with traffic in the middle lanes (and use the far left lane to pass) or stay in the right lane if the speed of traffic is not comfortable for you.
Speeding is one law and failure to keep right is another law. The failure to keep right law has nothing to do with the speed limit. You should always be in the right lane and only use the left lane to pass or if you have a left lane exit/turn within one mile. To answer your question, you should go as fast as necessary in the left lane to pass traffic in the right lane, but you'll want to keep your eyes open for cops or you might get a ticket. Normally, most cops only ticket drivers moving faster than the overall traffic. You're not likely to get a ticket for going with the flow even if it's 15 over the limit. If you don't want to go as fast as necessary in the left lane to pass, then you need to find a space in the right lane to move over. The cop is either telling you to speed up and pass or get over. You should have put on your right turn signal hoping someone will let you in that lane.
Go ahead and fight the ticket. Since you didn't know, the judge may dismiss it. |
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The gr8t alien
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Its a matter of safety your safer at the same speed the traffic around you is going. |
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jimanddottaylor
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I started to read your question and assumed that they gave you a ticket for going too fast. (which would be correct but hardly in the spirit of the law. ) , but was quite surprised. Assuming you have told the whole truth, I would have to agree with your last paragraph. Good luck fighting it |
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sgoldperson
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You are NOT ALLOWED TO DRIVE IN THE PASSING LANE. They go by DISTANCE not speed. So even if you were going 100 mph you aren't allowed to DRIVE in the passing lane. Your ticket is totally legit. There is no minimum speed limit in the PASSING lane. The ticket is for DRIVING in the PASSING lane, if you had been PASSING it wouldn't be legit. |
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bajakma
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ok Let me try to explain something to you. If the posted speed is 65 and all the traffic is driving 80mph and you are going 60 if you are in the left lane you are a hazard, the key is in the left lane. if you are in the right hand lane and there is a posted 65 mph more than 10 miles below the legal limit is also a hazard. I think if you fight it in court then you will have an argument but you did fail to yield from the left lane. |
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