-I know in some states it is illegal to driving in the left lane when not passing. Although I cant seem to find anything in WI law that says it is illegal to drive the speed limit. I know slower traffic must keep right but Isn't the speed limit the speed limit? If driving in the left lane at the speed limit (or over) and someones right on your bumper are you required to move out of their way? It would seem that the person behind you would get pulled over for tailgating or following too closely. I just want to settle an argument between a few people and myself. There seems to be a lot of opinions on the matter but i cant find anything in the law books about this.It is illegal to drive above the speed limit, period. (Although there are exceptions for emergency situations and such.) In some places, the leftmost lane is only for passing, and in others it is a normal lane that can be used by traffic. But in either case, the speed limit is the speed limit. You are never required to move out of the way to let someone through.
It became a legal issue in Arizona about 30 years ago. A Highway Patrol officer with his lights on was being impeded by a driver traveling the speed limit in the left lane of the freeway. As the incident unfolded it went to the courts which decided that regardless of the posted speed limit it was required for slower traffic keep right (which was already a law).
Look up "Impeding Traffic", and stay out of the left-hand lane unless you're passing.
Unless you're impeding an emergency vehicle closing on you (with lights flashing), you refuse to get over for a police officer or road worker stationed on the left shoulder, or if road conditions make it dangerous to drive 65mph in a 65mph zone, you wouldn't have to worry about it...
The impeding traffic law applies to motorists driving at such a slow speed as to impede the normal and reasonable flow of traffic. Traffic can't "reasonably" drive over the speed limit by definition because breaking the speed limit is illegal and therefore not "reasonable". I seriously doubt any court in Wisconsin or anywhere else is going to consider a driver driving 65mph in a 65mph zone as driving "at such a slow speed to impede the normal and reasonable flow of traffic".
Can a grumpy officer stuck in a long line of traffic behind you write you a ticket for driving 65mph in a 65mph zone while "impeding traffic"? Sure he or she can. Receiving a ticket doesn't automatically mean you're guilty of a crime though. The court system ultimately determines guilt or innocence, not the police. Unless you (stupidly) plead guilty by paying the fine listed on the ticket to avoid having to go to court etc., you would get your day in court to force the court to find you guilty of somehow impeding normal traffic by driving the maximum speed allowed by law.
It might be inconsiderate and extremely annoying to other drivers who want to drive faster than the posted speed limit, but it is it illegal? I doubt a court would find you guilty if it came to that.
Yes it is. Here is the link about Wisconsin's speed laws on a divided highway. The section you're talking about says:
http://www.nhtsa.gov/people/injury/enfor鈥?/a>
I. No person shall drive a motor vehicle at a speed so slow as to impede the normal and reasonable movement of traffic. '346.59(1)
II. A person, driving at less than the normal speed of traffic, shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. '346.05(3)
And to answer your question about the "speed limit"...yes, the states have set speed limits for highway safety. However, it is up to the police agencies in any state to enforce those speed limits, and decide what is a "reasonable" speed to travel, not you! There was a guy in our state who decided he was tired of all the "speeders" passing him. He moved to the left lane and got beside an 18 wheeler and proceeded to block the vehicles behind his car. This went on for several miles. The 18 wheeler sped up so people could get around this guy on the right. He sped up also. Well, it just so happened that the guy two cars back was an off duty sheriff! he radioed for a highway trooper for assistance. Several miles down the road, the trooper showed up and got behind the car impeding the flow of traffic. The off duty sheriff pulled off with the trooper and explained what he had witnessed. The guy was issued a citation for about $225 for "Impeding" traffic flow, and here's the kicker...he was also fined $500 for "Reckless Operation" for the accident he could have caused by running beside the 18 wheeler and forcing motorists to try and pass on the right! Maybe it was worth the $725 to this guy to try and prove his point of view on speeding!
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