I think we agree Bob. If "you choose the lane that matches the speed you want to drive, but not if that speed is slower than other vehicles in that same lane - and within the speed limit for that roadway." That implies that other drivers are going slower. If they're going slower.......... then by definition you're passing them, which is a legal use of the left lanes. Also in the cites below you'll see the phrase "continuous flow of traffic". Rush hour, bumper to bumper, accident ahead and driving in CA fit this catagory. I've not seen an empty freeway in CA yet. Do they exist?
I like the Michigan Troopers explanation of a person driving continuously in the left lane..... Obviously, the driver would often be intoxicated when I pulled him or her over.
Here's WA state law on the subject:
RCW 46.61.100
Keep right except when passing, etc.
" (2) Upon all roadways having two or more lanes for traffic moving in the same direction, all vehicles shall be driven in the right-hand lane then available for traffic, except (a) when overtaking and passing another vehicle proceeding in the same direction, (b) when traveling at a speed greater than the traffic flow, (c) when moving left to allow traffic to merge, or (d) when preparing for a left turn at an intersection, exit, or into a private road or driveway when such left turn is legally permitted. On any such roadway, a vehicle or combination over ten thousand pounds shall be driven only in the right-hand lane except under the conditions enumerated in (a) through (d) of this subsection.
Here's an explanation of Michigans law:
http://www.mlive.com/news/grand-rapids/index.ssf/2011/03/traffic_talk_is_is_legal_to_tr.html and here's a pertinent quote from it
"QUESTION: Is there a specific law that prohibits traveling in the left lane and passing on the right? And, can you actually be cited for either, or both?
ANSWER: This is a very common question. Yes, there is a law, and, yes, a motorist can be cited for it."
And finally an overview:
http://highwaypal.com/i95/keep-right-except-to-pass-laws-for-i95-states/
Ken