With the complex set of lane designations that some California cities establish,
it can be difficult to tell where overtaking on the right is allowable.
Most of the related citations are given on highways that are either two-lane
or have special considerations.
How to Justify Overtaking on the Right
In a state like California that has slow and fast lane divisions, overtaking
another vehicle in a right-hand lane can be risky. To justify overtaking
on the right, one thing must always be present—pavement. In places
where passing on the right is allowable, there will be enough pavement
and signs posted to allow overtaking on the right. Since slower vehicles
must travel in the right-most lanes, it should be rare that a faster driver
would have to overtake on the right, but unfortunately, the driving public
does not seem to like to follow this rule. This type of maneuver is most
often necessary on highways that only have two lanes and frequent left-turning traffic.
CA Vehicle Codes (CVC) 21750-21760
These codes outline the rules for drivers overtaking another vehicle on
the right side. These codes explicitly say that overtaking another vehicle
should preferably be done on the left and that slower drivers should yield
to oncoming traffic when left-hand passing is necessary.
Under no circumstances should a driver attempt to overtake another vehicle
on the right if it cannot be done safely. This means adequate pavement
space to do so, and nothing like a street intersection, bridge, or pedestrian
crosswalk or bike path is present. Full speed passing on the right is
never permitted unless you have your own lane. Also, overtaking on the
right should never be attempted with a school or mass transit bus. This
severely endangers the lives of people entering and exiting these vehicles.
Barstow, San Bernardino County, CA
This area of California has a variety of roadways that create many different
situations with many truckers coming into the area from Nevada there are
slower and faster vehicles interacting. It is always better to drive defensively
and cautiously. Convictions for overtaking on the right violations are
steep and can be a detriment to your driving privileges.
Improper and unsafe passing on the right can garner a fine of $230-250
for a first offense. It will also mean at least one DMV assessed NOTS
points on your driver’s license. This type of citation can be issued
for all right-hand violations that involve passenger buses, animals, bikes
and pedestrians, and unsafe geographic features. Right hand passing fines
of up to $490-500 can be compounded if the action is taken while an emergency
vehicle is present, or other right-of-way conditions exist. In contrast,
slower vehicles not yielding to others attempting to overtake them in
a lawful manner could earn a $230-250 fine and license points as well.
Justifying overtaking on the right is difficult when so many safety factors
exist, but at times may be prudent for safety.
In short, it is advisable to forgo passing on the right side of the road
in most conditions. Emergencies can change this, but passing actions on
California roadways should be limited to the left lanes in most circumstances.
Hire a Traffic Lawyer
Although overtaking on the right is normally unsafe, it can at times be
justified. If you believe you were justified in overtaking another vehicle
on the right but were ticketed, contact Bigger & Harman. In Barstow
and other areas of San Bernardino County, Bigger & Harman represent
clients in traffic court as traffic ticket attorneys.
Call Bigger & Harman, 661-349-9300 for a free, no obligation phone
consultation or email:
firstname.lastname@example.org when you have been ticketed for passing on the right or another traffic
violation and you have questions about whether to pay the fine or fight
They can provide straightforward legal counsel and advice without the legal
jargon. You can use their website
contact form 24 hours a day.
Nolo.com write up or read what others are saying on
Yelp about the service they received from Bigger & Harman, the Central
Valley traffic attorney team.
Se habla Español 661.349.9755.