what exactly is considered passing on the right? and has anyone ever gotten busted for it?

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Beanie46

Senior member
Feb 16, 2009
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Originally posted by: Jeeebus
Passing on the right is illegal and you can get a ticket for it. Thus, if there is someone moving too slow in the left lane, I usually just pull a pit maneuver and calmly chuckle to myself at the twisted metal as I proceed to legally pass in the left lane.


Actually, it's NOT illegal in most states, provided you're doing it on a multi-lane highway or multilane street.

California, for example, prohibits passing on right EXCEPT for these instances:


California Vehicle Code, Division 11, Chapter 3, Article 3, Section 21754:

21754. The driver of a motor vehicle may overtake and pass to 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 highway within a business or residence district with unobstructed pavement of sufficient width for two or more lines of moving vehicles in the direction of travel.

(c) Upon any highway outside of a business or residence district with unobstructed pavement of sufficient width and clearly marked for two or more lines of moving traffic in the direction of travel.

(d) Upon a one-way street.

(e) Upon a highway divided into two roadways where traffic is restricted to one direction upon each of such roadways.


http://www.dmv.ca.gov/pubs/vctop/d11/vc21754.htm



Most other states, if not all, have similar provisions. So, passing on right in the case the OP presented, is probably legal, alright, and will not get him a ticket.
 

jonnyGURU

Moderator <BR> Power Supplies
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Oct 30, 1999
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Originally posted by: RyanPaulShaffer
Passing on the right is generally called "undertaking", and it is frowned upon, but I think whether you get a ticket or not depends on where you live. I know around here, people pass in the right lane all the time because of morons in the left lane putting around at 10 MPH below the speed limit (which is against the law and they should be ticketed).

:|

This.

I've lived in a lot of different states and the rules always vary. In Mass and some parts of the UK it's even legal to pass on the shoulder (breakdown lane) unless posted otherwise! This scared the CRAP out of me when I used to drive on 95 between Boston and Providence.
 

bobross419

Golden Member
Oct 25, 2007
1,981
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Florida

316.084 When overtaking on the right is permitted.--

(1) The driver of a vehicle may overtake and pass on 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 street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving traffic in each direction;

(c) Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.

(2) The driver of a vehicle may overtake and pass another vehicle on the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.

(3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.


I always thought it was illegal here in Florida...

Also interesting:

(2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle, on audible signal or upon the visible blinking of the headlamps of the overtaking vehicle if such overtaking is being attempted at nighttime, and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.

Apparently in Florida you can use your horn to signal that you are going to pass someone...
 

LTC8K6

Lifer
Mar 10, 2004
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Passing on the right on a multilane highway is legal everywhere as far as I know.

Otherwise, we'd all be forever stuck behind the that moron in the fast lane.

NC rules:

Passing on the right
Passing on the right is against the law except in
areas where it is specifically permitted. Passing
on the right places your vehicle on the blind side
of the vehicle you are passing. The vehicle you
are passing could unexpectedly make a right
turn or pull over to the right side of the road.

Exceptions where passing on the right is
allowed:
? On highways having at least two lanes
traveling in each direction;
? On one-way streets where all lanes of traffic
move in the same direction;
? When passing a vehicle that is in the
left-turn lane; and/or
? When driving in a lane set aside for right turns.
 

bobross419

Golden Member
Oct 25, 2007
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To clarify... generally, at least with people I know, its frowned upon but not against the rules.
 

LTC8K6

Lifer
Mar 10, 2004
28,520
1,575
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Blowing the horn and flashing the lights are also proper signals that you want to pass in NC, and you are required to move over and help the other driver to pass you safely.
 

LTC8K6

Lifer
Mar 10, 2004
28,520
1,575
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For 2 lane roads in NC:

The horn signal places the driver of the vehicle
you are passing under a legal obligation to help
you pass.

...

When you are being passed, you are required to
help the other driver to pass. If the driver of the
passing vehicle blows the horn, move to the
right edge of the road. Never increase your
speed.
If you increase speed and fail to give way to a
passing vehicle, you will be charged with a
misdemeanor if a crash occurs resulting in
bodily injury or property damage.
 

LTC8K6

Lifer
Mar 10, 2004
28,520
1,575
126
I don't know why it would be frowned upon. It's legal, necessary, and expected under the law.