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Old 04-06-2016, 06:59 AM
 
957 posts, read 2,020,043 times
Reputation: 1415

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Quote:
Originally Posted by cleetuss View Post
I love this discussion\argument. It fascinates me to see the individual skew on the legal system.
The 1st and foremost thing to remember is that Driving is a Privilege not a right.

This statement above is the the best and the most to the point I have seen. Kudos sir.
The code has been posted (now twice). I don't believe it is an "individual skew" to point out that the code does not line up to what item 2 in the post youlike says.

Speed Limit
-vs-
" less than the normal speed of traffic at the time and place and under the conditions existing"

Of course, much of this discussion is about the technicalities of the law, because as we know, this particular section is rarely enforced other than the OP getting a mouthful from someone. That said, here's my individual skew: If you were doing the speed limit in the left lane, and most other cars were going faster, and you got a ticket, I don't see how the "i was doing the speed limit" argument helps you at all, since the code makes no reference to the speed limit, just the normal speed of traffic.
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Old 04-06-2016, 07:53 AM
 
18 posts, read 13,760 times
Reputation: 17
Quote:
Originally Posted by dkf747 View Post
Then why did you state you won't do 2B?
I never said I wouldn't do 2B.
You assumed it.

Let me elaborate to clear this up...
My problem (and where my late for work comment was directed) is with the individuals that feel that when I am in the left lane, Passing traffic doing much more than the posted speed limit feel that it is not good enough. If the speed limit is 55. and I'm doing 70 in the left lane and you want to do 85 or 90. You can go to hell. Thats my argument. There are way too many people that think the left lane is their own personal race track. Its for everyone and not just you. I'm using it as designed and I will not be bullied.

Driving is a privilege not a right.

Does that clear it up?
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Old 04-06-2016, 06:18 PM
 
Location: NoVA
832 posts, read 1,417,081 times
Reputation: 1637
Quote:
Originally Posted by cleetuss View Post
I never said I wouldn't do 2B.
You assumed it.

Let me elaborate to clear this up...
My problem (and where my late for work comment was directed) is with the individuals that feel that when I am in the left lane, Passing traffic doing much more than the posted speed limit feel that it is not good enough. If the speed limit is 55. and I'm doing 70 in the left lane and you want to do 85 or 90. You can go to hell. Thats my argument. There are way too many people that think the left lane is their own personal race track. Its for everyone and not just you. I'm using it as designed and I will not be bullied.

Driving is a privilege not a right.

Does that clear it up?
Sure it does. You think it's your job to prevent others from driving above a subjective "safe" speed limit set in your mind. But in many States you would be opening yourself up for a ticket by impeding the flow of traffic just as speeders subject themselves to tickets. The left pass lane laws are there to help the flow of traffic, not impede it. No matter what you may think about someone else's speed, you should move to the right so you do not impede the flow of traffic. It's not about "bullying". You're just being intentionally rude because you can be.

I've driven all across the country on countless highways, thruways and interstates. The rule of the road nationwide is to keep right except to pass.

As someone already pointed out, you just wait until you encounter someone with road rage or PTSD. Maybe one day you'll be boxed in by semis (who you feel are driving "too fast" when they're coasting down a hill) and you elect to be the left lane police. You'll be right. Right into the grave. Or doing 15 miles an hour up the next hill, 2 feet from a semi's bumper in the front, kissing your windshield and hood good bye, since the right lane is blocked by another semi and a 3rd one is 2' from your rear bumper. Yes. That does happen. Semi drivers get angry too.

In this present instance, on a city road, yeah... no. I mean, the rules aren't the same. You can hang out in the left lane and what not. At speeds of 45mph and under, there's really no impeding of anything when there's a red light every two blocks and cars turn left as often as they turn right.
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Old 04-06-2016, 07:55 PM
 
Location: Tysons Corner
2,772 posts, read 4,315,725 times
Reputation: 1504
To everyone who is debating whether there is a legal requirement, it all comes down to the main Virginia statute

§ 46.2-823. Unlawful speed forfeits right-of-way.

The driver of any vehicle traveling at an unlawful speed shall forfeit any right-of-way which he might otherwise have under this article.

§ 46.2-842.1. Drivers to give way to certain overtaking vehicles on divided highways.

It shall be unlawful to fail to give way to overtaking traffic when driving a motor vehicle to the left and abreast of another motor vehicle on a divided highway. On audible or light signal, the driver of the overtaken vehicle shall move to the right to allow the overtaking vehicle to pass as soon as the overtaken vehicle can safely do so. A violation of this section shall not be construed as negligence per se in any civil action.



It's not even remotely a difficult legal argument. You can't hold liable criminally or in civil court someone who doesn't want to break the law. If person A is going 65 in a 60, and person B slams into the back of him because he's going 80 in a 60, person A will never, I repeat never, 0 out of 100 times, be held responsible.

Again, that is the legal side of this, not the recommended. Person A probably shouldn't be rolling 5 over on a highway in the left lane. But the law isn't going to tell him not to. Whether or not society, or more importantly his insurance company and/or family members and doctors, will is another matter.
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Old 04-07-2016, 05:21 AM
 
Location: Metro Washington DC
15,427 posts, read 25,795,620 times
Reputation: 10450
Quote:
Originally Posted by cleetuss View Post
I never said I wouldn't do 2B.
You assumed it.

Let me elaborate to clear this up...
My problem (and where my late for work comment was directed) is with the individuals that feel that when I am in the left lane, Passing traffic doing much more than the posted speed limit feel that it is not good enough. If the speed limit is 55. and I'm doing 70 in the left lane and you want to do 85 or 90. You can go to hell. Thats my argument. There are way too many people that think the left lane is their own personal race track. Its for everyone and not just you. I'm using it as designed and I will not be bullied.

Driving is a privilege not a right.

Does that clear it up?
Yes, and I can agree if you move over once it is safe to do so.
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Old 04-07-2016, 06:06 AM
 
Location: Falls Church, VA
540 posts, read 790,309 times
Reputation: 471
I see where cleetus is coming from and have been in plenty of those cases. You are on the highway and move over to the left lane to pass a bunch of cars, say going 60 in a 55. You speed up to 70 but find that there isn't much of an opening. Then somebody comes up on you obviously intent on going 80+ and starts to ride you. In this case, what is the "normal speed of traffic"? The 60 from the right lane, the 70 that you are going, or the 80+ that someone else wants to go? Or to put it another way, is it incumbent on me in that situation to make every effort to move over and get stuck in slower traffic because somebody wants to flagrantly break the law?
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Old 04-07-2016, 06:18 AM
 
Location: Chester County, PA
1,077 posts, read 1,784,056 times
Reputation: 1042
The thought that keeps crossing my mind as I read this thread is how fruitless it is to get worked up about this issue one way or the other. We can talk about legal obligations all we want, but the simple fact of the matter is there are many drivers who either aren't aware of the legal obligation to get out of the left lane or aren't going to do so for whatever reason. To waste time and energy tailgating them, flashing your lights, passing them on the right and cutting them off, etc. is a total waste. I guarantee you will not affect their future behavior. All you do is raise your blood pressure and create even more of an unsafe driving condition on the roads. Yes, we should all use the left lane only for passing. But, if someone fails to do so when you're the faster driver, get over it and move on. It's not worth it to care, at least not in my opinion. Similarly, if you're in the left lane and someone comes up to tailgate you, why not just get out of the left lane and forget about it. If someone wants to be a jerk and tailgate you, you're really only risking your own safety by not moving over - forget about playing cop to a rude driver, move over and move on.
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Old 04-07-2016, 01:00 PM
 
Location: Metro Washington DC
15,427 posts, read 25,795,620 times
Reputation: 10450
Quote:
Originally Posted by Fallout Zone View Post
I see where cleetus is coming from and have been in plenty of those cases. You are on the highway and move over to the left lane to pass a bunch of cars, say going 60 in a 55. You speed up to 70 but find that there isn't much of an opening. Then somebody comes up on you obviously intent on going 80+ and starts to ride you. In this case, what is the "normal speed of traffic"? The 60 from the right lane, the 70 that you are going, or the 80+ that someone else wants to go? Or to put it another way, is it incumbent on me in that situation to make every effort to move over and get stuck in slower traffic because somebody wants to flagrantly break the law?
Sounds like a congested road. If you can't get over, you don't. You keep moving until there is a safe gap that won't require you to slow down much, and then you move over. The person who wants to go 80+ will just have to wait. If it is clear, and safe, to move over and you refuse to do so, then something is wrong.
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Old 04-07-2016, 04:58 PM
 
Location: Tysons Corner
2,772 posts, read 4,315,725 times
Reputation: 1504
Quote:
Originally Posted by airjay75 View Post
We can talk about legal obligations all we want, but the simple fact of the matter is there are many drivers who either aren't aware of the legal obligation to get out of the left lane or aren't going to do so for whatever reason.
But that's just the thing, there is no legal obligation to do so as I have pointed out a dozen times on citydata. If there is a lawyer who has ever lost a case regarding a person going over the speed limit in the left lane but not fast enough for a private vehicle over taking, please speak up. I want to see the legal case that ever set that precedence that a person is obligated to disobey the law.

If the highway states that the left lane is for passing only, then and only then is there a legal requirement to keep the left lane not just moving but empty except for passing, regardless of speed. That would be the only way one would be held liable if driving in the left even if they were going above legal speed.
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Old 04-08-2016, 10:41 AM
 
2,369 posts, read 2,911,011 times
Reputation: 1145
even if true, as if anyone in this state or especially those drivers from DC or MD( and god forbid, NJ and NY) will ever abide to.
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