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Is It Illegal to Pass on the Right?

Passing laws vary by state, but most states designate the left lane as the appropriate passing lane in the majority of traffic situations. Signs and laws on roadways instruct slower traffic to keep right so that other vehicles moving more quickly may safely pass them in the left-hand lane. Although the left lane is the correct passing lane on most roadways, passing on the right is not necessarily illegal in all traffic scenarios. Certain exceptions allow drivers to overtake slower-moving traffic using the right lane without breaking the law. Read on to learn when passing on the right is generally acceptable.

When Passing on the Right Is Legal

These exceptions might vary according to your state’s laws, but passing on the right is usually legal in the following situations:

  • When the car being overtaken is making or will soon make a left turn
  • On roadways with unobstructed pavement of adequate width for two or more lanes of vehicles moving legally in the same direction traveled by the passing vehicle
  • When one or more above conditions is satisfied, the driver may legally pass on the right only when he/she can do so in safety

Remember that it is never legal to drive off the roadway to pass, whether from the left or the right. Using the shoulder to pass on the right is illegal and could result in a reckless driving charge as well as an improper passing ticket.

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