Arizona bill would hit slowpoke left-lane drivers with fine

PHOENIX — As Rep. Teresa Martinez sees it, you’ve probably been stuck behind some vehicle going below the speed limit in the left lane of a highway.

Or perhaps you’re that person in the left lane, not concerned about – or oblivious to — the cars and trucks stuck behind you.

In either event, the Casa Grande Republican wants to make sure those who refuse to move to the right are deterred from holding up everyone else. And that deterrence would be in the form of a $500 penalty.

And if that’s not enough to make someone think twice, the actual out-of-pocket expense would be nearly double that, what with all the surcharges for everything from police equipment to helping finance some political campaigns.

Yes, driving in the left lane on highways — in fact, on all roads — already is illegal.

“On all roadways, a person driving a vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall drive the vehicle 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,’’ the law says.

But Martinez says the law is widely ignored, whether purposely or because people just aren’t aware. And she said she is a witness every time she drives between Casa Grande and the Phoenix area.

“We have some people in the left lane who drive under the speed limit and hold up traffic,’’ Martinez said.

“You have one car going 70 miles an hour who refuses to merge over to the right to let other cars pass him,’’ she said. “That is very frustrating and can lead to a lot of road rage.’’

And what of the fact this already is the law?

Martinez said most motorists are ignorant of the fact. And that’s where the other half of her HB 2235 comes in.

It would require the state Department of Transportation to erect signs along the road.

Big ones.

Think, Martinez said, signs about the size of those that welcome people to Arizona.

Well, maybe not that big. The largest of those is 16-by-16 feet and weighs about 1,000 pounds.

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But Martinez says there’s no reason the state can’t put up signs in the 4-by-6 foot range with the very clear and specific message: Left Lane For Passing Only, Slow Traffic Keep Right.

Martinez said that may deal with those who are ignorant of the law.

Still, she said, there are some motorists who may be doing it intentionally

“I don’t know if it’s people who feel that people drive too fast and are trying to teach other people a lesson,’’ she said. Martinez said that’s where the other provision of her legislation comes in: a smaller sign pointing out that $500 fine to capture the attention of those folks.

That, however, still leaves the question: Does any of this matter if there’s no enforcement?

Martinez acknowledged she hasn’t seen anyone ever pulled over by troopers from the Department of Public Safety on a stretch of Interstate 10 south of Chandler where trucks already are required to remain the right lane. And there are signs spelling out that requirement, albeit nowhere near as large as what she is proposing, and without mentioning a specific fine.

“That’s something I’m going to have to address with DPS,’’ Martinez said. “And I will address it with DPS.’’

But the Casa Grande lawmaker said she believes erecting large signs — and pointing out the penalty — is a necessary first step.

“Then we go back to DPS and we say, ‘Why are you not pulling people over for this?’ ‘’ she said. “And I think that they will — when they realize the Legislature is serious about it.’’

Anyway, Martinez said, the signs are a low-tech — and low cost — effort to educate people. And she said that, by itself, may improve compliance.

This isn’t the first time that lawmakers, frustrated with being stuck behind slow-moving vehicles in the left lane, have attempted to address the problem with legislation.

In 2011 Sen. Frank Antenori, R-Tucson, proposed a requirement that anyone driving in the left lane must move over if someone approaches from behind and flashes their headlights.

“Around the world, that’s ‘pull over,’” he said then. “It’s just a courtesy. But it isn’t a courtesy here.’’

Antenori could not even get his bill heard in committee.

And just last year, Sen. David Gowan, R-Sierra Vista, tried an approach similar to what Martinez is proposing. He proposed no new signs, but did seek a flat $250 penalty.

Gowan managed to get his bill out of a Senate committee only to die when it fell one vote short on the Senate floor.