(1) A person commits the offense of failure of a slow driver to drive on the right if the person is operating a vehicle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing and the person fails to drive:
(a) In the right-hand lane available for traffic; or
(b) As close as practicable to the right-hand curb or edge of the roadway.
(2) This section does not apply under any of the following circumstances:
(a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing passing in ORS 811.410 to 811.425.
(b) When preparing to turn left at an intersection, alley or private road or driveway.
(3) The offense described in this section, failure of slow driver to drive on the right, is a Class B traffic violation.