Georgia HB 353: Motor vehicles; clarify what constitutes an obstruction for purposes of exceptions to when a vehicle is to drive on the right side of roadway

Bill Text

21 LC 39 2837
H. B. 353
- 1 -
House Bill 353
By: Representatives Jones of the 25
th, Kausche of the 50
th, Martin of the 49
th, Anulewicz of
the 42
nd, Holcomb of the 81
st, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated,1
relating to driving on right side of roadway, overtaking and passing, and following too2
closely, so as to clarify what constitutes an obstruction for purposes of exceptions to when3
a vehicle is to drive on the right side of the roadway; to provide for proper operation of a4
motor vehicle when overtaking a bicyclist; to provide for related matters; to repeal5
conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to9
driving on right side of roadway, overtaking and passing, and following too closely, is10
amended by revising Code Section 40-6-40, relating to vehicles to drive on right side of11
roadway, exceptions, and impeding traffic, as follows:12
"40-6-40.13
(a) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of14
the roadway, except as follows:15

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H. B. 353
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(1) When overtaking and passing another vehicle proceeding in the same direction under16
the rules governing such movement;17
(2) When an obstruction exists making it necessary to drive to the left of the center of the18
highway, provided that any person so doing shall yield the right of way to all vehicles19
traveling in the proper direction upon the unobstructed portion of the highway within20
such a distance as to constitute an immediate hazard;21
(3) Upon a roadway divided into three marked lanes for traffic under the rules applicable22
thereon; or23
(4) Upon a roadway restricted to one-way traffic.24
(b) Upon all roadways, any vehicle proceeding at less than the normal speed of traffic at25
the time and place and under the conditions then existing shall be driven in the right-hand26
lane then available for traffic, or as close as practicable to the right-hand curb or edge of27
the roadway, except when overtaking and passing another vehicle proceeding in the same28
direction or when preparing for a left turn at an intersection or into a private road or29
driveway.30
(c) Upon any roadway having four or more lanes for moving traffic and providing for31
two-way movement of traffic, no vehicle shall be driven to the left of the center of the32
roadway except when authorized by official traffic-control devices designating certain33
lanes to the left of the center of the roadway for use by traffic not otherwise permitted to34
use such lanes or except as permitted under paragraph (2) of subsection (a) of this Code35
section. However, this subsection shall not be construed as prohibiting the crossing of the36
center of the roadway in making a left turn into or from an alley, private road, or driveway.37
(d) No two vehicles shall impede the normal flow of traffic by traveling side by side at the38
same time while in adjacent lanes, provided that this Code section shall not be construed39
to prevent vehicles traveling side by side in adjacent lanes because of congested traffic40
conditions.41

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H. B. 353
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(e) For purposes of this Code section, the term 'obstruction' shall include any stationary42
vehicle or a vehicle moving at such a low rate of speed so as to hinder or impede proper43
travel upon the roadway."44
SECTION 2.45
Said article is further amended by revising Code Section 40-6-56, relating to safe passing46
distance when overtaking a bicyclist, as follows:47
"40-6-56.48
(a) As used in this Code section, the term 'safe distance' means not less than three feet.49
(b)(1) Notwithstanding any provision of this article to the contrary, when feasible, the50
operator of a motor vehicle, when overtaking and passing a bicycle that is proceeding in51
the same direction on the roadway, shall leave a safe distance between such vehicle and52
the bicycle and shall maintain such clearance until safely past the overtaken bicycle.53
(2) A vehicle may be driven to the left of the center of a highway in order to comply with54
the requirements of this Code section, provided that any operator shall yield the right of55
way to all vehicles traveling in the opposite direction."56
SECTION 3.57
All laws and parts of laws in conflict with this Act are repealed.58