KENTUCKY LEGISLATURE
SB 116
2018 Regular Session
(Act ch. 33)
AN ACT relating to the operation of a commercial motor vehicle.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF KRS CHAPTER 281 IS CREATED TO READ AS FOLLOWS:
(1) A motor carrier may operate a platoon on the highways of this state if the motor carrier complies with this section.
(2) Motor carriers wishing to operate a platoon shall provide notification to the department and the Kentucky State Police, including a plan for general platoon operations. The department shall have thirty (30) days from the date of receipt to review the notification plan submitted and determine whether it will approve or reject the plan. If the department rejects a submitted plan, it shall inform the motor carrier of the reason for the rejection and provide guidance on how to resubmit the notification and plan to meet the standards.
(3) Only commercial motor vehicles shall be eligible to operate in a platoon.
(4) An appropriately endorsed driver who holds a valid commercial driver's license shall be present behind the wheel of each commercial motor vehicle in a platoon.
(5) A commercial motor vehicle involved in a platoon shall not draw another motor vehicle in the platoon.
(6) Each commercial motor vehicle involved in a platoon shall display a marking warning other motorists and law enforcement that the vehicle may be part of a platoon.
(7) The department shall promulgate administrative regulations in accordance with KRS Chapter 13A to set forth procedures for platooning, including required elements of a platooning plan.
Section 2. KRS 281.010 is amended to read as follows:
As used in this chapter:
(1) "Automobile utility trailer" means any trailer or semitrailer designed for use with and towed behind a passenger motor vehicle;
(2) "Automobile utility trailer certificate" means a certificate authorizing a person to engage in the business of automobile utility trailer lessor;
(3) "Automobile utility trailer lessor" means any person operating under an automobile utility trailer certificate who is engaged in the business of leasing or renting automobile utility trailers, but shall not include the agents of such persons;
(4) "Broker" means a person selected by the cabinet through a request for proposal process to coordinate human service transportation delivery within a specific delivery area. A broker may also provide transportation services within the specific delivery area for which the broker is under contract with the cabinet;
(5) "Bus" means a motor vehicle operating under a bus certificate transporting passengers for hire between points over regular routes;
(6) "Bus certificate" means a certificate granting authority for the operation of one (1) or more buses;
(7) "Cabinet" means the Kentucky Transportation Cabinet;
(8) "Certificate" means a certificate of compliance issued under this chapter to motor carriers;
(9) "Charter bus" means a motor vehicle operating under a charter bus certificate providing for-hire intrastate transportation of a group of persons who, pursuant to a common purpose under a single contract at a fixed charge for the motor vehicle, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin;
(10) "Charter bus certificate" means a certificate granting authority for the operation of one (1) or more charter buses;
(11) "Commissioner" means the commissioner of the Department of Vehicle Regulation;
(12) "CTAC" means the Coordinated Transportation Advisory Committee created in KRS 281.870;
(13) "Department" means the Department of Vehicle Regulation;
(14) "Delivery area" means one (1) or more regions established by the cabinet in administrative regulations promulgated under KRS Chapter 13A for the purpose of providing human service transportation delivery in that region;
(15) "Disabled persons vehicle carrier" means a motor carrier for hire, transporting passengers including the general public who require transportation in disabled persons vehicles;
(16) "Disabled persons vehicle" means a motor vehicle operating under a disabled persons vehicle certificate especially equipped for the transportation of passengers with disabilities in accordance with 49 C.F.R. pt. 38, and is designed or constructed with not more than fifteen (15) regular seats. It shall not mean an ambulance as defined in KRS 311A.010. It shall not mean a motor vehicle equipped with a stretcher;
(17) "Disabled persons vehicle certificate" means a certificate granting authority for the operation of one (1) or more disabled persons vehicles transporting passengers for hire;
(18) "Driveaway" means the transporting and delivering of motor vehicles, except semitrailers and trailers, whether destined to be used in either a private or for-hire capacity, under their own power or by means of a full mount method, saddle mount method, the tow bar method, or any combination of them over the highways of this state from any point of origin to any point of destination for hire. "Driveaway" does not include the transportation of such vehicles by the full mount method on trailers or semitrailers;
(19) "Driveaway certificate" means a certificate granting authority for the operation of one (1) or more motor carrier vehicles operating as a driveaway;
(20) "Driver" means the person physically operating the motor vehicle;
(21) "Highway" means all public roads, highways, streets, and ways in this state, whether within a municipality or outside of a municipality;
(22) "Household goods" has the same meaning as in 49 C.F.R. sec. 375.103;
(23) "Household goods carrier" has the same meaning as "household goods motor carrier" in 49 C.F.R. sec. 375.103;
(24) "Household goods certificate" means a certificate granting authority for the operation of one (1) or more household goods vehicles;
(25) "Human service transportation delivery" means the provision of transportation services to any person that is an eligible recipient in one (1) of the following state programs:
(a) Nonemergency medical transportation under KRS Chapter 205;
(b) Mental health, intellectual disabilities, or comprehensive care under KRS Chapter 202A, 202B, 210, or 645;
© Work programs for public assistance recipients under KRS Chapter 205;
(d) Adult services under KRS Chapter 205, 209, 216, or 273;
(e) Vocational rehabilitation under KRS Chapter 151B or 157; or
(f) Blind industries or rehabilitation under KRS Chapter 151B or 163;
(26) "Interstate commerce" has the same meaning as in 49 C.F.R. sec. 390.5;
(27) "Intrastate commerce" has the same meaning as in 49 C.F.R. sec. 390.5;
(28) "Limousine" means a motor vehicle operating under a limousine certificate that is designed or constructed with not more than fifteen (15) regular seats;
(29) "Limousine certificate" means a certificate granting authority for the operation of one (1) or more limousines transporting passengers for hire;
(30) "Mobile application" means an application or a computer program designed to run on a smartphone, tablet computer, or other mobile device that is used by a TNC to connect drivers with potential passengers;
(31) "Motor carrier" means any person in either a private or for-hire capacity who owns, controls, operates, manages, or leases, except persons leasing to authorized motor carriers, any motor vehicle for the transportation of passengers or property upon any highway, and any person who engages in the business of automobile utility trailer lessor, driveaway, or U-Drive-It;
(32) "Motor carrier vehicle" means a motor vehicle used by a motor carrier to transport passengers or property;
(33) "Motor carrier vehicle license" means a license issued by the department for a motor carrier vehicle authorized to operate under a certificate;
(34) "Motor carrier license plate" means a license plate issued by the department to a motor carrier authorized to operate under a certificate other than a household goods, property, TNC, or U-Drive-It certificate;
(35) "Motor vehicle" means any motor-propelled vehicle used for the transportation of passengers or property on a public highway, including any such vehicle operated as a unit in combination with other vehicles;
(36) "Passenger" means an individual or group of people;
(37) "Permit" means a temporary permit of compliance issued under this chapter for a specified period not to exceed ten (10) days, and for a specific vehicle, to any motor carrier, including one who is a nonresident of the Commonwealth, who operates a motor vehicle and is not entitled to an exemption from the payment of fees imposed under KRS 186.050 because of the terms of a reciprocal agreement between the Commonwealth and the state in which the vehicle is licensed;
(38) "Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, and includes any trustee, assignee, or personal representative thereof;
(39) "Platoon" means a group of two (2) individual commercial motor vehicles traveling in a unified manner at electronically coordinated speeds at following distances that are closer than would ordinarily be allowed under subsection (8)(b) of Section 3 of this Act;
(40) "Prearranged ride" means the period of time that begins when a transportation network company driver accepts a requested ride through a digital network or mobile application, continues while the driver transports the rider in a personal vehicle, and ends when the transportation network company services end;
(41) (40) "Pre-trip acceptance liability policy" means the transportation network company liability insurance coverage for incidents involving the driver for a period of time when a driver is logged into a transportation network company's digital network or mobile application but is not engaged in a prearranged ride;
(42) (41) "Property" means general or specific commodities, including hazardous and nonhazardous materials;
(43) (42) "Property certificate" means a certificate granting authority for the transportation of property, other than household goods, not exempt under KRS 281.605;
(44) (43) "Regular route" means the scheduled transportation of passengers between designated points over designated routes under time schedules that provide a regularity of services;
(45) (44) "Regular seat" means a seat ordinarily and customarily used by one (1) passenger and, in determining such seating capacity, the manufacturer's rating may be considered;
(46) (45) "Street hail" means a request for service made by a potential passenger using hand gestures or verbal statement;
(47) (46) "Subcontractor" means a person who has signed a contract with a broker to provide human service transportation delivery within a specific delivery area and who meets human service transportation delivery requirements, including proper operating authority;
(48) (47) "Tariff" means the listing of compensation received by a motor carrier for household goods that includes the manner in which and the amount of fares an authorized motor carrier may charge;
(49) (48) "Taxicab" means a motor vehicle operating under a taxicab certificate that is designed or constructed with not more than eight (8) regular seats and may be equipped with a taximeter;
(50) (49) "Taxicab certificate" means a certificate granting authority for the operation of one (1) or more taxicabs transporting passengers for hire;
(51) (50) "Taximeter" means an instrument or device approved by the department that automatically calculates and plainly indicates the charge to a passenger for hire who is being charged on the basis of mileage;
(52) (51) "Transportation network company" or "TNC" means a person or entity that connects passengers through its digital network or mobile application to its drivers for the provision of transportation network company services;
(53) (52) "Transportation network company certificate" or "TNC certificate" means a certificate granting the authority for the operation of one (1) or more transportation network company vehicles transporting passengers for hire;
(54) (53) "Transportation network company driver" or "TNC driver" means an individual who operates a motor vehicle that is owned or leased by the individual, or a motor vehicle for which the driver is an insured driver and has the permission of the owner or lessee of the motor vehicle, and used to provide transportation network company services;
(55) (54) "Transportation network company service" or "TNC service" means a prearranged passenger transportation service offered or provided through the use of a transportation network company mobile application or digital network to connect potential passengers with transportation network company drivers;
(56) (55) "Transportation network company vehicle" or "TNC vehicle" means a privately owned or leased motor vehicle, designed or constructed with not more than eight (8) regular seats, operating under a transportation network company certificate;
(57) (56) "U-Drive-It" means any person operating under a U-Drive-It certificate who leases or rents a motor vehicle for consideration to be used for the transportation of persons or property, but for which no driver is furnished, and the use of which motor vehicle is not for the transportation of persons or property for hire by the lessee or rentee; and
(58) (57) "U-Drive-It certificate" means a certificate granting authority for the operation of one (1) or more U-Drive-Its.
Section 3. KRS 189.340 is amended to read as follows:
(1) Vehicles overtaking other vehicles proceeding in the same direction shall pass to the left of them and shall not again drive to the right until reasonably clear of those vehicles. Vehicles overtaking streetcars may pass either to the right or left when so directed by a police officer, when on a one (1) way street or where the location of the tracks prevents compliance with this section, with regard for other traffic.
(2) The operator of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(a) When the vehicle overtaken is making or about to make a left turn;
(b) Upon a roadway with unobstructed pavement of sufficient width for two (2) or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
(3) The operator of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movements in safety. Such movement shall not be made by driving off the roadway unless passing vehicle comes to a complete stop and such movement may be made safely.
(4) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event, the overtaking vehicle must return to the right-hand side of the roadway before coming within two hundred (200) feet of any vehicle approaching from the opposite direction.
(5) The commissioner of highways is hereby authorized to determine those portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones, and when such signs or markings are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey the directions thereof.
(6) Whenever any roadway has been divided into three (3) clearly marked lanes for travel, the following additional rules shall apply:
(a) A vehicle shall be driven as nearly as may be practical entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety;
(b) A vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and the center lane is clear of traffic within a safe distance, or in preparation for a left turn or where a center lane is at the time allocated exclusively to traffic moving in the direction in which the vehicle is proceeding and is signposted to give notice of the allocation; and
© Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction and operators of vehicles shall obey the directions of such signs.
(7) A vehicle shall not be driven in the left lane of any limited access highway of four (4) lanes or more with a posted speed limit of at least sixty-five (65) miles per hour, except in overtaking a slower vehicle, yielding to traffic coming onto such a highway, or when traffic conditions exist which would prohibit safe use of the right or center lanes.
(8) (a) Except as provided in paragraph © of this subsection, the operator of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having regard for the speed of the vehicle and the traffic upon and condition of the highway.
(b) Except as provided in paragraph © of this subsection, the operator of any motor truck, semitrailer truck, bus, or heavy construction equipment unit, when traveling upon a highway outside of a business or residential district, shall not follow within two hundred fifty (250) feet of another such vehicle or equipment unit. This subsection shall not prevent overtaking and passing, nor shall it apply to any lane specially designated for use of motor trucks or semitrailer trucks, buses or heavy construction equipment units.
© Paragraphs (a) and (b) of this subsection shall not apply to a trailing commercial motor vehicle involved in a platoon as defined in Section 2 of this Act, but shall apply to the commercial motor vehicle leading a platoon.
SB 116
2018 Regular Session
(Act ch. 33)
AN ACT relating to the operation of a commercial motor vehicle.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF KRS CHAPTER 281 IS CREATED TO READ AS FOLLOWS:
(1) A motor carrier may operate a platoon on the highways of this state if the motor carrier complies with this section.
(2) Motor carriers wishing to operate a platoon shall provide notification to the department and the Kentucky State Police, including a plan for general platoon operations. The department shall have thirty (30) days from the date of receipt to review the notification plan submitted and determine whether it will approve or reject the plan. If the department rejects a submitted plan, it shall inform the motor carrier of the reason for the rejection and provide guidance on how to resubmit the notification and plan to meet the standards.
(3) Only commercial motor vehicles shall be eligible to operate in a platoon.
(4) An appropriately endorsed driver who holds a valid commercial driver's license shall be present behind the wheel of each commercial motor vehicle in a platoon.
(5) A commercial motor vehicle involved in a platoon shall not draw another motor vehicle in the platoon.
(6) Each commercial motor vehicle involved in a platoon shall display a marking warning other motorists and law enforcement that the vehicle may be part of a platoon.
(7) The department shall promulgate administrative regulations in accordance with KRS Chapter 13A to set forth procedures for platooning, including required elements of a platooning plan.
Section 2. KRS 281.010 is amended to read as follows:
As used in this chapter:
(1) "Automobile utility trailer" means any trailer or semitrailer designed for use with and towed behind a passenger motor vehicle;
(2) "Automobile utility trailer certificate" means a certificate authorizing a person to engage in the business of automobile utility trailer lessor;
(3) "Automobile utility trailer lessor" means any person operating under an automobile utility trailer certificate who is engaged in the business of leasing or renting automobile utility trailers, but shall not include the agents of such persons;
(4) "Broker" means a person selected by the cabinet through a request for proposal process to coordinate human service transportation delivery within a specific delivery area. A broker may also provide transportation services within the specific delivery area for which the broker is under contract with the cabinet;
(5) "Bus" means a motor vehicle operating under a bus certificate transporting passengers for hire between points over regular routes;
(6) "Bus certificate" means a certificate granting authority for the operation of one (1) or more buses;
(7) "Cabinet" means the Kentucky Transportation Cabinet;
(8) "Certificate" means a certificate of compliance issued under this chapter to motor carriers;
(9) "Charter bus" means a motor vehicle operating under a charter bus certificate providing for-hire intrastate transportation of a group of persons who, pursuant to a common purpose under a single contract at a fixed charge for the motor vehicle, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin;
(10) "Charter bus certificate" means a certificate granting authority for the operation of one (1) or more charter buses;
(11) "Commissioner" means the commissioner of the Department of Vehicle Regulation;
(12) "CTAC" means the Coordinated Transportation Advisory Committee created in KRS 281.870;
(13) "Department" means the Department of Vehicle Regulation;
(14) "Delivery area" means one (1) or more regions established by the cabinet in administrative regulations promulgated under KRS Chapter 13A for the purpose of providing human service transportation delivery in that region;
(15) "Disabled persons vehicle carrier" means a motor carrier for hire, transporting passengers including the general public who require transportation in disabled persons vehicles;
(16) "Disabled persons vehicle" means a motor vehicle operating under a disabled persons vehicle certificate especially equipped for the transportation of passengers with disabilities in accordance with 49 C.F.R. pt. 38, and is designed or constructed with not more than fifteen (15) regular seats. It shall not mean an ambulance as defined in KRS 311A.010. It shall not mean a motor vehicle equipped with a stretcher;
(17) "Disabled persons vehicle certificate" means a certificate granting authority for the operation of one (1) or more disabled persons vehicles transporting passengers for hire;
(18) "Driveaway" means the transporting and delivering of motor vehicles, except semitrailers and trailers, whether destined to be used in either a private or for-hire capacity, under their own power or by means of a full mount method, saddle mount method, the tow bar method, or any combination of them over the highways of this state from any point of origin to any point of destination for hire. "Driveaway" does not include the transportation of such vehicles by the full mount method on trailers or semitrailers;
(19) "Driveaway certificate" means a certificate granting authority for the operation of one (1) or more motor carrier vehicles operating as a driveaway;
(20) "Driver" means the person physically operating the motor vehicle;
(21) "Highway" means all public roads, highways, streets, and ways in this state, whether within a municipality or outside of a municipality;
(22) "Household goods" has the same meaning as in 49 C.F.R. sec. 375.103;
(23) "Household goods carrier" has the same meaning as "household goods motor carrier" in 49 C.F.R. sec. 375.103;
(24) "Household goods certificate" means a certificate granting authority for the operation of one (1) or more household goods vehicles;
(25) "Human service transportation delivery" means the provision of transportation services to any person that is an eligible recipient in one (1) of the following state programs:
(a) Nonemergency medical transportation under KRS Chapter 205;
(b) Mental health, intellectual disabilities, or comprehensive care under KRS Chapter 202A, 202B, 210, or 645;
© Work programs for public assistance recipients under KRS Chapter 205;
(d) Adult services under KRS Chapter 205, 209, 216, or 273;
(e) Vocational rehabilitation under KRS Chapter 151B or 157; or
(f) Blind industries or rehabilitation under KRS Chapter 151B or 163;
(26) "Interstate commerce" has the same meaning as in 49 C.F.R. sec. 390.5;
(27) "Intrastate commerce" has the same meaning as in 49 C.F.R. sec. 390.5;
(28) "Limousine" means a motor vehicle operating under a limousine certificate that is designed or constructed with not more than fifteen (15) regular seats;
(29) "Limousine certificate" means a certificate granting authority for the operation of one (1) or more limousines transporting passengers for hire;
(30) "Mobile application" means an application or a computer program designed to run on a smartphone, tablet computer, or other mobile device that is used by a TNC to connect drivers with potential passengers;
(31) "Motor carrier" means any person in either a private or for-hire capacity who owns, controls, operates, manages, or leases, except persons leasing to authorized motor carriers, any motor vehicle for the transportation of passengers or property upon any highway, and any person who engages in the business of automobile utility trailer lessor, driveaway, or U-Drive-It;
(32) "Motor carrier vehicle" means a motor vehicle used by a motor carrier to transport passengers or property;
(33) "Motor carrier vehicle license" means a license issued by the department for a motor carrier vehicle authorized to operate under a certificate;
(34) "Motor carrier license plate" means a license plate issued by the department to a motor carrier authorized to operate under a certificate other than a household goods, property, TNC, or U-Drive-It certificate;
(35) "Motor vehicle" means any motor-propelled vehicle used for the transportation of passengers or property on a public highway, including any such vehicle operated as a unit in combination with other vehicles;
(36) "Passenger" means an individual or group of people;
(37) "Permit" means a temporary permit of compliance issued under this chapter for a specified period not to exceed ten (10) days, and for a specific vehicle, to any motor carrier, including one who is a nonresident of the Commonwealth, who operates a motor vehicle and is not entitled to an exemption from the payment of fees imposed under KRS 186.050 because of the terms of a reciprocal agreement between the Commonwealth and the state in which the vehicle is licensed;
(38) "Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, and includes any trustee, assignee, or personal representative thereof;
(39) "Platoon" means a group of two (2) individual commercial motor vehicles traveling in a unified manner at electronically coordinated speeds at following distances that are closer than would ordinarily be allowed under subsection (8)(b) of Section 3 of this Act;
(40) "Prearranged ride" means the period of time that begins when a transportation network company driver accepts a requested ride through a digital network or mobile application, continues while the driver transports the rider in a personal vehicle, and ends when the transportation network company services end;
(41) (40) "Pre-trip acceptance liability policy" means the transportation network company liability insurance coverage for incidents involving the driver for a period of time when a driver is logged into a transportation network company's digital network or mobile application but is not engaged in a prearranged ride;
(42) (41) "Property" means general or specific commodities, including hazardous and nonhazardous materials;
(43) (42) "Property certificate" means a certificate granting authority for the transportation of property, other than household goods, not exempt under KRS 281.605;
(44) (43) "Regular route" means the scheduled transportation of passengers between designated points over designated routes under time schedules that provide a regularity of services;
(45) (44) "Regular seat" means a seat ordinarily and customarily used by one (1) passenger and, in determining such seating capacity, the manufacturer's rating may be considered;
(46) (45) "Street hail" means a request for service made by a potential passenger using hand gestures or verbal statement;
(47) (46) "Subcontractor" means a person who has signed a contract with a broker to provide human service transportation delivery within a specific delivery area and who meets human service transportation delivery requirements, including proper operating authority;
(48) (47) "Tariff" means the listing of compensation received by a motor carrier for household goods that includes the manner in which and the amount of fares an authorized motor carrier may charge;
(49) (48) "Taxicab" means a motor vehicle operating under a taxicab certificate that is designed or constructed with not more than eight (8) regular seats and may be equipped with a taximeter;
(50) (49) "Taxicab certificate" means a certificate granting authority for the operation of one (1) or more taxicabs transporting passengers for hire;
(51) (50) "Taximeter" means an instrument or device approved by the department that automatically calculates and plainly indicates the charge to a passenger for hire who is being charged on the basis of mileage;
(52) (51) "Transportation network company" or "TNC" means a person or entity that connects passengers through its digital network or mobile application to its drivers for the provision of transportation network company services;
(53) (52) "Transportation network company certificate" or "TNC certificate" means a certificate granting the authority for the operation of one (1) or more transportation network company vehicles transporting passengers for hire;
(54) (53) "Transportation network company driver" or "TNC driver" means an individual who operates a motor vehicle that is owned or leased by the individual, or a motor vehicle for which the driver is an insured driver and has the permission of the owner or lessee of the motor vehicle, and used to provide transportation network company services;
(55) (54) "Transportation network company service" or "TNC service" means a prearranged passenger transportation service offered or provided through the use of a transportation network company mobile application or digital network to connect potential passengers with transportation network company drivers;
(56) (55) "Transportation network company vehicle" or "TNC vehicle" means a privately owned or leased motor vehicle, designed or constructed with not more than eight (8) regular seats, operating under a transportation network company certificate;
(57) (56) "U-Drive-It" means any person operating under a U-Drive-It certificate who leases or rents a motor vehicle for consideration to be used for the transportation of persons or property, but for which no driver is furnished, and the use of which motor vehicle is not for the transportation of persons or property for hire by the lessee or rentee; and
(58) (57) "U-Drive-It certificate" means a certificate granting authority for the operation of one (1) or more U-Drive-Its.
Section 3. KRS 189.340 is amended to read as follows:
(1) Vehicles overtaking other vehicles proceeding in the same direction shall pass to the left of them and shall not again drive to the right until reasonably clear of those vehicles. Vehicles overtaking streetcars may pass either to the right or left when so directed by a police officer, when on a one (1) way street or where the location of the tracks prevents compliance with this section, with regard for other traffic.
(2) The operator of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(a) When the vehicle overtaken is making or about to make a left turn;
(b) Upon a roadway with unobstructed pavement of sufficient width for two (2) or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
(3) The operator of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movements in safety. Such movement shall not be made by driving off the roadway unless passing vehicle comes to a complete stop and such movement may be made safely.
(4) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event, the overtaking vehicle must return to the right-hand side of the roadway before coming within two hundred (200) feet of any vehicle approaching from the opposite direction.
(5) The commissioner of highways is hereby authorized to determine those portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones, and when such signs or markings are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey the directions thereof.
(6) Whenever any roadway has been divided into three (3) clearly marked lanes for travel, the following additional rules shall apply:
(a) A vehicle shall be driven as nearly as may be practical entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety;
(b) A vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and the center lane is clear of traffic within a safe distance, or in preparation for a left turn or where a center lane is at the time allocated exclusively to traffic moving in the direction in which the vehicle is proceeding and is signposted to give notice of the allocation; and
© Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction and operators of vehicles shall obey the directions of such signs.
(7) A vehicle shall not be driven in the left lane of any limited access highway of four (4) lanes or more with a posted speed limit of at least sixty-five (65) miles per hour, except in overtaking a slower vehicle, yielding to traffic coming onto such a highway, or when traffic conditions exist which would prohibit safe use of the right or center lanes.
(8) (a) Except as provided in paragraph © of this subsection, the operator of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having regard for the speed of the vehicle and the traffic upon and condition of the highway.
(b) Except as provided in paragraph © of this subsection, the operator of any motor truck, semitrailer truck, bus, or heavy construction equipment unit, when traveling upon a highway outside of a business or residential district, shall not follow within two hundred fifty (250) feet of another such vehicle or equipment unit. This subsection shall not prevent overtaking and passing, nor shall it apply to any lane specially designated for use of motor trucks or semitrailer trucks, buses or heavy construction equipment units.
© Paragraphs (a) and (b) of this subsection shall not apply to a trailing commercial motor vehicle involved in a platoon as defined in Section 2 of this Act, but shall apply to the commercial motor vehicle leading a platoon.