Passing on the right in the US

[edwaleni]

I could not find a topic related to this, lots of topics on passing lanes or slow trucks, not specific to right side passing.

The issue is the legality of passing on the right.

Years ago, in the state I grew up in passing on the right was illegal on 2 lane interstates, however, I found out it was legal on ROW's where 3 lanes were in the same direction.

So like on a rural interstate, it was why you always saw signs that said "Stay to the right, except to pass".

But you never saw those signs when traversing the interstates in Chicago. They were 3 to 4 lanes wide and I was told urban interstates with that many lanes are not subject to right side passing laws.

This was many, many years ago.

Today, I see people pass on the right on 3 lane interstates with regularity. In the later states I have lived in, there were no signed notifications on passing behaviors.

I have passed on the right occasionally, and gotten horn blasts at times for doing so, but not becuase I was in a race weaving through traffic, but because the center and left lanes were obstructed, usually a truck in the middle and a cell phone talker on the left.

So what exactly is the law? Does it vary by state, by locale (urban or rural) or is it simply general road etiquette?

I know it can vary internationally. In Norway a friend rented a car and drove for many kilometers in the passing lane unaware that he had caused a 2km backup behind him. But no one passed him in the slow lane. Finally after he noticed the flashing of the high beams, he moved over and as they passed, every car honked their horn and waved to him, all in good cheer. No flipping of the bird, no road rage, just people thanking him for finally moving over.

So back to the US, we know that raging is very much a problem, but what exactly is the law?

[kalvado]

Looks like it very dependant on local laws.
I believe CT is like you described, no passing on the right for 2 lanes.
No such thing in NY. To make things more interesting, I believe NY law has 2 terms, passing and overtaking without defining the difference.

[Max Rockatansky]

I pass people in the right lane every day.  On four lane surface expressways you can make up a crap ton of spaces by hanging in the right behind truckers approaching traffic lights.  All the passenger vehicles dog pile in the left lane and have to wait for the accordion to unfold at green. 

[pderocco]

When I got my license in Massachusetts back in the dark ages, the law was that passing on the right was only allowed on "divided highways". However, the driver license manual stated that a double yellow line was to be treated exactly as a physical divider. I don't know if that ever got clarified in court, or if the law has changed since then.

Fortunately, in California it's legal. I suspect it is in most states. It solves more problems than it causes.

As to signage, there are different ways to get people to keep right. Saying "slow traffic keep right" isn't very persuasive to some 20-year-old mister big-swinging-dick. "Keep right except to pass" is better, but not very common. I tend to do the latter, even though I'm a fast driver. Hence, I pass on the right a lot.

[1995hoo]

Va. Code 46.2-841, "When overtaking vehicle may pass on right."

A. The driver of a vehicle may overtake and pass to the right of another vehicle only:

1. When the overtaken vehicle is making or about to make a left turn, and its driver has given the required signal;

2. On a highway with unobstructed pavement, not occupied by parked vehicles, of sufficient width for two or more lines of moving vehicles in each direction;

3. On a one-way street or on any one-way roadway when the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.

B. The driver of a vehicle may overtake and pass another vehicle on the right only under conditions permitting such movement in safety. Except where driving on paved shoulders is permitted by lawfully placed signs, no such movement shall be made by driving on the shoulder of the highway or off the pavement or main traveled portion of the roadway.

C. Notwithstanding subsections A and B, nothing in this section shall permit a driver of a motor vehicle to cross a solid line designating a bicycle lane to pass or attempt to pass another vehicle, except as provided in § 46.2-920.1, 46.2-1210, or 46.2-1212.1, as directed by a law-enforcement officer, or where the roadway is otherwise impassable due to weather conditions, an accident, or an emergency situation.

Code 1950, § 46-226; 1952, c. 666; 1958, c. 541, § 46.1-210; 1985, c. 481; 1989, c. 727; 2020, c. 1259.

[jeffandnicole]

In theory, passing on the right should always be lawful.  Let's say the minimum speed is 40 mph on a highway with a 65 mph limit.  Would anyone find it acceptable for a car to go 41 in the left lane, and then, by law, no one is allowed to pass them on the right?

Like nearly all laws, it's up to each state to define the law for their state regarding passing.  I believe in most states its lawful to pass on the right, and the example above clarifies why it should be lawful. 

I don't know if there's a true exception in urban areas, because an urban area can vary based on vague definitions.  In most cases, either signage or the existence of left lane exits generally will make the matter moot, but again to go back to paragraph 1, just because there's an urban area shouldn't mean someone can decide to go 41 in the left lane and not allow anyone to pass them on the right.

[kalvado]

In theory, passing on the right should always be lawful.  Let's say the minimum speed is 40 mph on a highway with a 65 mph limit.  Would anyone find it acceptable for a car to go 41 in the left lane, and then, by law, no one is allowed to pass them on the right?

Like nearly all laws, it's up to each state to define the law for their state regarding passing.  I believe in most states its lawful to pass on the right, and the example above clarifies why it should be lawful. 

I don't know if there's a true exception in urban areas, because an urban area can vary based on vague definitions.  In most cases, either signage or the existence of left lane exits generally will make the matter moot, but again to go back to paragraph 1, just because there's an urban area shouldn't mean someone can decide to go 41 in the left lane and not allow anyone to pass them on the right.

Laws as written don't have to be consistent or realistic though.
But at least for CT there is a catch: you may pass on the right "when lines of vehicles traveling in the same direction in adjoining traffic lanes have come to a stop or have reduced their speed". Is 45 in 55 enough of a reduction?...
https://law.justia.com/codes/connecticut/title-14/chapter-248/section-14-233/

[Rothman]

I have passed on the right in many states, some of in which I have heard it's illegal (e.g., MD).  I have yet to be caught.

[Big John]

In Wisconsin, passing on the right is allowed if it is not on a shoulder. On 2-lane rural highways WisDOT even provides a right passing lane at certain intersections to pass a left turning vehicle.

[1995hoo]

I have passed on the right in many states, some of in which I have heard it's illegal (e.g., MD).  I have yet to be caught.

Heh. When I was younger, I drove a lot faster than I do now. I remember in the summer of 2006 I spent a month in Jersey (Trenton area) for a business trip but had to come home one weekend for a furniture delivery. Maryland drivers were, and still are, deathly afraid of the right lane. So I drove in it and was able to sustain 85–90 mph for almost the entire segment from the Delaware state line down to I-695.

[Rothman]

I have passed on the right in many states, some of in which I have heard it's illegal (e.g., MD).  I have yet to be caught.

Heh. When I was younger, I drove a lot faster than I do now. I remember in the summer of 2006 I spent a month in Jersey (Trenton area) for a business trip but had to come home one weekend for a furniture delivery. Maryland drivers were, and still are, deathly afraid of the right lane. So I drove in it and was able to sustain 85–90 mph for almost the entire segment from the Delaware state line down to I-695.

Ha!  Great story.

[pderocco]

In theory, passing on the right should always be lawful.  Let's say the minimum speed is 40 mph on a highway with a 65 mph limit.  Would anyone find it acceptable for a car to go 41 in the left lane, and then, by law, no one is allowed to pass them on the right?

If they really didn't want passing on the right, then instead of outlawing it, they could outlaw "being passed on the right". Then the slow-poke would get the ticket.

[kalvado]

In theory, passing on the right should always be lawful.  Let's say the minimum speed is 40 mph on a highway with a 65 mph limit.  Would anyone find it acceptable for a car to go 41 in the left lane, and then, by law, no one is allowed to pass them on the right?

If they really didn't want passing on the right, then instead of outlawing it, they could outlaw "being passed on the right". Then the slow-poke would get the ticket.

Did you ever see someone with NJ plates zigzagging in speed limit +10 traffic  while pushing around 100 MPH?

[jeffandnicole]

In theory, passing on the right should always be lawful.  Let's say the minimum speed is 40 mph on a highway with a 65 mph limit.  Would anyone find it acceptable for a car to go 41 in the left lane, and then, by law, no one is allowed to pass them on the right?

If they really didn't want passing on the right, then instead of outlawing it, they could outlaw "being passed on the right". Then the slow-poke would get the ticket.

Well, that's why left lane hog laws exist.

[kphoger]

I didn't realize until this thread that there were any states that actually prohibited passing on the right on a multi-lane highway.  I thought that was just people misunderstanding the laws.

[mgk920]

Yea, that 'rules of the road' sort of law makiing  is the realm of the individual states.

Mike

[kphoger]

Yea, that 'rules of the road' sort of law makiing  is the realm of the individual states.

It's just that I hadn't looked at any state vehicle codes that actually prohibited it, so I assumed nobody prohibited it.

So, when my friend was dawdling in the left lane a few years ago and then griping at all the people 'illegally' passing him on the right, and I told him that I was unaware of any state that prohibited passing on the right whereas the state we were driving through did indeed prohibit impeding the left lane—if that were today, then I'd have to concede that I know of a couple of states only that prohibit passing on the right.

[vdeane]

I didn't realize until this thread that there were any states that actually prohibited passing on the right on a multi-lane highway.  I thought that was just people misunderstanding the laws.

Yeah, I always thought that was just a Europe thing.  Quite frankly, I can't see how such a prohibition could work in the US.  It's interesting that MD was mentioned, given that at one point there was a driver who would drive in the left lane of the Capital Beltway with his cruise set to 55 to "enforce" the speed limit on everyone else.  Too many people in this country either have a MFFY attitude or want to dictate what everyone else can do.

[gonealookin]

Nevada law seems fairly generous on the subject, including provisions for using a sufficiently-wide shoulder to pass ("NRS" = "Nevada Revised Statutes):

NRS 484B.210  When overtaking on right side allowed; additional penalty for violation committed in work zone or pedestrian safety zone.
1.  The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(a) When the driver of the vehicle overtaken is making or signaling to make a left turn.
(b) Upon a highway with unobstructed pavement which is not occupied by parked vehicles and which is of sufficient width for two or more lines of moving vehicles in each direction.
(c) Upon a highway with unobstructed pavement which is not marked as a traffic lane and which is not occupied by parked vehicles, if the vehicle that is overtaking and passing another vehicle:
    (1) Except as otherwise provided in subsection 4, does not travel more than 200 feet in the section of pavement not marked as a traffic lane; or
    (2) While being driven in the section of pavement not marked as a traffic lane, does not travel through an intersection or past any private way that is used to enter or exit the highway.
(d) Upon any highway on which traffic is restricted to one direction of movement, where the highway is free from obstructions and of sufficient width for two or more lines of moving vehicles.

[1995hoo]

I didn't realize until this thread that there were any states that actually prohibited passing on the right on a multi-lane highway.  I thought that was just people misunderstanding the laws.

Yeah, I always thought that was just a Europe thing.  Quite frankly, I can't see how such a prohibition could work in the US.  It's interesting that MD was mentioned, given that at one point there was a driver who would drive in the left lane of the Capital Beltway with his cruise set to 55 to "enforce" the speed limit on everyone else.  Too many people in this country either have a MFFY attitude or want to dictate what everyone else can do.

That's the now-deceased John Nestor.

Here's a November 1984 Washington Post article that ran fairly shortly after his original letter to the editor that made him infamous.

[texaskdog]

In theory, passing on the right should always be lawful.  Let's say the minimum speed is 40 mph on a highway with a 65 mph limit.  Would anyone find it acceptable for a car to go 41 in the left lane, and then, by law, no one is allowed to pass them on the right?

If they really didn't want passing on the right, then instead of outlawing it, they could outlaw "being passed on the right". Then the slow-poke would get the ticket.

Well, that's why left lane hog laws exist.

The least enforced law ever

[kphoger]

The UVC does allows passing on the right as long as there's sufficient room.  No three lane minimum.  So it's only those 'special' states where you have to check the vehicle code more closely.

Chapter 11 — Rules of the Road

Article III — Driving on Right Side of Roadway — Overtaking and Passing — Use of Roadway

§ 11-304 — When passing on the right is permitted

(a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under one or more of the following conditions:

1. When the vehicle overtaken is making or about to make a left turn;

2. Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.

(b) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway.

[Max Rockatansky]

I didn't realize until this thread that there were any states that actually prohibited passing on the right on a multi-lane highway.  I thought that was just people misunderstanding the laws.

Yeah, I always thought that was just a Europe thing.  Quite frankly, I can't see how such a prohibition could work in the US.  It's interesting that MD was mentioned, given that at one point there was a driver who would drive in the left lane of the Capital Beltway with his cruise set to 55 to "enforce" the speed limit on everyone else.  Too many people in this country either have a MFFY attitude or want to dictate what everyone else can do.

MFFY was new acronym for me, had to look that one up.

[1995hoo]

The UVC does allows passing on the right as long as there's sufficient room.  No three lane minimum.  So it's only those 'special' states where you have to check the vehicle code more closely.

To be hypertechnical about it, there's no two-lane minimum either, at least not as that is written. You just need "sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle." So, for example, while in some states it is legal to pass across the center of a residential street that has no center stripe, it could also be legal to pass on the right if such a street were wide enough to allow for it, say because it has a parking "lane" that's not set off by a white line. (Here's an example of a street that satisfies both of those conditions. That guy in the Honda Civic is driving right in the middle, but if he kept to the right of center, you could fit four vehicles across where that pickup is parked. In Virginia, where that street is, it is legal to pass on the left on a street like this because no center stripe prohibits it.)

[Rothman]

I didn't realize until this thread that there were any states that actually prohibited passing on the right on a multi-lane highway.  I thought that was just people misunderstanding the laws.

Yeah, I always thought that was just a Europe thing.  Quite frankly, I can't see how such a prohibition could work in the US.  It's interesting that MD was mentioned, given that at one point there was a driver who would drive in the left lane of the Capital Beltway with his cruise set to 55 to "enforce" the speed limit on everyone else.  Too many people in this country either have a MFFY attitude or want to dictate what everyone else can do.

MFFY was new acronym for me, had to look that one up.

*takes Max's AARoads rank away*