Bill Description: House Bill 205 would clarify when it is lawful to temporarily exceed the posted speed limit while passing.
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Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for non-violent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?
Currently, Section 49-654, Idaho Code, says that "a passenger car, motorcycle or pickup truck, not towing any other vehicle" may temporarily exceed the posted speed limit by 15 miles per hour "while passing another vehicle traveling at less than the posted speed limit." Current law only allows this when "passing on the left upon roadways divided into two (2) lanes providing only one (1) lane of traffic in each direction and where the posted speed limit is fifty-five (55) miles per hour or greater."
House Bill 205 would add that exceeding the speed limit to pass is allowed when "passing one (1) or more vehicles traveling in the same direction while in a passing lane."
It would clarify that "passing lane" means "an extra roadway lane created by widening a length of roadway to allow faster-moving vehicles to overtake slower-moving vehicles traveling in the same direction without crossing into an opposing travel lane."
It would further state that this provision does not apply to "a vehicle that passes on the right within a passing lane area or to a vehicle that overtakes another vehicle by moving into an opposing traffic lane"; "roadways with a posted speed limit below fifty-five (55) miles per hour"; or "any portion of a roadway that is within an incorporated city."
Safely passing a slow-moving vehicle often requires briefly exceeding the posted speed limit, and House Bill 205 would recognize one of the more common circumstances where this is required. This law would further limit the circumstances under which a driver could be stopped and cited for briefly exceeding the speed limit to safely pass another vehicle.
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