The Right to Pass on the Right

"sm70- why not Duesenberg?" (sm70-whynotduesenberg) 02/06/2017 at 14:14 • Filed to: None

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For those in the United States, does anyone know for sure (i.e. can demonstrate) that their state does not allow passing on the right on the highway? I know for a fact that it is !!!error: Indecipherable SUB-paragraph formatting!!! , and the laws I’ve read from a couple other states, including California and Texas, include the same permission with near-identical wording. Yet front page commenters, being front page commenters, have essentially adopted the idea that “Passing on the right is illegal, and even if it isn’t it might as well be because it’s so reckless and dangerous.” Personally, given the context of other U.S. driving laws, I see no problem with passing on the right. On the stretch of I-80 I drive frequently between Omaha and Lincoln, the center and left lanes are constantly clogged with !!!error: Indecipherable SUB-paragraph formatting!!! . On bad days, 80% of the passing I do on that one hour drive is in the rightmost of 3 lanes, out of necessity.

People are forever telling me that high-beam flashing (something which I try to avoid but will do when I have to) is stupid and aggressive. Then they say that I’m not allowed to pass on the right, because that makes me a menace. This may not be an issue in Germany, where lane discipline is a thing, but in the U.S., if you never passed on the right, every left lane hog in the land would bring traffic to a crawl. Furthermore, I firmly believe that, in cases !!!error: Indecipherable SUB-paragraph formatting!!! , it is the sole responsibility of the driver changing lanes to ensure it is safe to do so & avoid a crash, regardless of which side somebody is passing on. Once again, the law agrees with me in every instance I have been able to find thus far, but if anyone has evidence indicating otherwise I’d be interested to see it. Until then, I shall continue to hold the (apparently legally-backed) position that passing on the right is not something worthy of admonishment when done with the same sort of due caution one should always be exercising behind the wheel.

EDIT: !!!error: Indecipherable SUB-paragraph formatting!!! , shared with me by a commenter, has organized the laws in every state. If you click on the links to the actual laws for the states listed as having restrictions on “passing on the right”, it would seem most of them make an exception for divided highways or roads with 2 or more lanes in each direction. I take this to mean that they are tying to prevent overtaking on the right shoulder. Still, that’s not nothing, so I stand corrected, if only slightly.

diplodicus > sm70- why not Duesenberg? 02/06/2017 at 14:23

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Michigan’s overtaking on the right law is basically identical to Nebraska’s. I feel like high beam flashes are the least aggressive way to tell someone to get the fuck out of your way.

Urambo Tauro > sm70- why not Duesenberg? 02/06/2017 at 14:25

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The misconception pisses me off, too. It seems to come from a generalization that assumes that we’re talking about two-lane roads. If you’re on a roadway that has only one lane of travel in each direction, then yes, it’s totally illegal for a non-emergency vehicle to pass on the right because that means driving on the shoulder.

But there’s nothing wrong with using a valid, available forward travel lane.

http://oppositelock.kinja.com/yes-you-can-pass-on-the-right-1735591869

Honeybunchesofgoats > sm70- why not Duesenberg? 02/06/2017 at 14:26

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It’s explicitly legal in NJ:

“The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. If vehicles on the roadway are moving in two or more substantially continuous lines, the provisions of this paragraph and section 39:4-87 of this Title shall not be considered as prohibiting the vehicles in one line overtaking and passing the vehicles in another line either upon the right or left, nor shall those provisions be construed to prohibit drivers overtaking and passing upon the right another vehicle which is making or about to make a left turn.”

Funny enough, however, it is a violation to pass anyone without beeping your horn: “The driver of an overtaking motor vehicle not within a business or residence district shall give audible warning with his horn or other warning device before passing or attempting to pass a vehicle proceeding in the same direction.”

That said, I did get hit with an improper passing ticket despite never leaving the left lane. But I was also clocked doing 104, so I took the first deal I was offered and never got to question that in court.

gogmorgo - rowing gears in a Grand Cherokee > sm70- why not Duesenberg? 02/06/2017 at 14:26

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I’ll usually sit behind someone for thirty seconds or so before pulling around on the right. Depending on the mood I’m in I may lay on the horn as I go by.

Passing on the right is not illegal but it is discourteous.

sm70- why not Duesenberg? > diplodicus 02/06/2017 at 14:29

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Agreed. I’ll only do it a couple times and I don’t tailgate or gesture. Just a blink or two, and then if that doesnt’ work I pass on the right when possible.

sm70- why not Duesenberg? > Honeybunchesofgoats 02/06/2017 at 14:31

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I remember wondering back when you posted that ticket just how fast you were going.

Now I know.

sm70- why not Duesenberg? > gogmorgo - rowing gears in a Grand Cherokee 02/06/2017 at 14:32

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So is being slow on the left. I only pass right when it’s not possible or practical to pass on the left, but I have no issues whatsoever doing it when I need to.

davesaddiction @ opposite-lock.com > gogmorgo - rowing gears in a Grand Cherokee 02/06/2017 at 14:32

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Yes, and “parking” in the passing lane is even more so.

It just sets up all kinds of dangerous behavior at freeway speeds.

davesaddiction @ opposite-lock.com > sm70- why not Duesenberg? 02/06/2017 at 14:33

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Ash78, voting early and often > sm70- why not Duesenberg? 02/06/2017 at 14:34

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I can’t say, but on a 3-lane+ highway I have no major issue with doing it, provided it’s the safest option (ie, I’m riding in a blind spot, the other two lanes are not passing). But on a 2-lane highway, it’s much sketchier IMO. More than anything, people on the left need to pass or GTFO. I’m not saying they have to be going ridiculously fast, just actually passing the other car and not cruising along mindlessly.

garagemonkee > Urambo Tauro 02/06/2017 at 14:34

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yeah, by passing-on-the-right they mean passing-on-the-shoulder.

I will say it can be more dangerous to pass certain vehicles on the right, like semi trucks, due to visibility, but it’s not illegal.

Honeybunchesofgoats > sm70- why not Duesenberg? 02/06/2017 at 14:34

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Correction: you know the speed I was clocked at. ¯\_()_/¯

sm70- why not Duesenberg? > Honeybunchesofgoats 02/06/2017 at 14:35

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Touché

MarquetteLa > sm70- why not Duesenberg? 02/06/2017 at 14:35

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> Keep right except to pass

> Get in right-hand lane, accelerate up to (or just beyond) the speed limit

> Proceed to pass 75% of moron traffic that sits in either the center or left-hand lane, all without leaving the right-hand lane

sm70- why not Duesenberg? > MarquetteLa 02/06/2017 at 14:35

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This exactly.

V12 Jake- Hittin' Switches > sm70- why not Duesenberg? 02/06/2017 at 14:37

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I don’t try to make a fuss over it, but sometimes I’ll go full V12 warp-drive on a left lane hog. It’s perfectly legal here too

MN Statute 169.18

!!! UNKNOWN CONTENT TYPE !!!

The driver of a vehicle may overtake and pass upon the right of another vehicle only upon the following conditions:

(1) when the vehicle overtaken is making or about to make a left turn;

(2) upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles in each direction;

(3) 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;

(4) when the driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving in a bicycle lane or onto the shoulder, whether paved or unpaved, or off the pavement or main-traveled portion of the roadway.

gogmorgo - rowing gears in a Grand Cherokee > davesaddiction @ opposite-lock.com 02/06/2017 at 14:37

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I don’t disagree. I’ll never pass someone if they’re signalling to move over, which is a courtesy many people have refused to extend to me.

Textured Soy Protein > sm70- why not Duesenberg? 02/06/2017 at 14:38

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High beam flashing is not stupid and aggressive. It is, theoretically, the preferred way to signal to the person in front of you to kindly move the fuck over, slowpoke. It is much safer than tailgating, because the vehicle that wants to do the passing can maintain a safe following distance from the one in front of it.

But, here in MURRICA, people for some reason have collectively decided that high beam flashing is stupid and aggressive, and reciprocate high beam flashing with stupid, aggressive behavior of their own.

If everyone understood that high beam flashing was a much safer way to signal a request to pass because it communicates that message without having to place one’s vehicle in close proximity to the one in front of it, at high speed, then our highways would be a much safer, less tailgate-y place.

As for where I live, this is the relevant statute for passing on the right:

346.08  When overtaking and passing on the right permitted. The operator of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety and only if the operator can do so without driving off the pavement or main-traveled portion of the roadway, and then only under the following conditions:

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

(2) Upon a street or highway with unobstructed pavement of sufficient width to enable 2 or more lines of vehicles lawfully to proceed, at the same time, in the direction in which the passing vehicle is proceeding; or

(3) Upon a one-way street or divided highway with unobstructed pavement of sufficient width to enable 2 or more lines of vehicles lawfully to proceed in the same direction at the same time.

History: 1991 a. 316 .

A driver may not pass on the right using any part of the shoulder. Kaufman v. Postle, 2001 WI App 86, 243 Wis. 2d 45 , 626 N.W.2d 10 , 00-1326 .

So basically, as long as there is in fact a right lane, you’re good to go.

bwp240 > sm70- why not Duesenberg? 02/06/2017 at 14:40

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for Michigan > MarquetteLa 02/06/2017 at 14:40

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Until you come up on a semi 500 feet into your journey and you’re stuck doing five under for the rest of your trip.

sm70- why not Duesenberg? > Textured Soy Protein 02/06/2017 at 14:41

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Amen

for Michigan > sm70- why not Duesenberg? 02/06/2017 at 14:42

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Travelling in the left lane is actually illegal in a number of states, including Ohio and Michigan. I think it’s still legal to pass on the right here though because left lane laws aren’t strictly enforced.

fintail > sm70- why not Duesenberg? 02/06/2017 at 14:44

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I wish I hadn’t clicked on that FP link. Faith in humanity hits a new low.

Jordan and the Slowrunner, Boomer Intensifies > garagemonkee 02/06/2017 at 14:45

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When I do pass 18 wheelers on the right(it’s a plague in SC, thankfully the Transport Police stick them with every fine they can give them every chance they can), I usually bump up my speed significantly until I get around.

wafflesnfalafel > sm70- why not Duesenberg? 02/06/2017 at 14:46

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I drive several 3 lane each way highways and find that frequently the slowest lane is the middle lane - that is where our traditional “left lane parkers” end up. I pass hundreds of cars on the right in the far right lane everyday. I pulled the Washington State traffic code and while it is an infraction to impede traffic while sitting in the most left lane it is not illegal to pass on the right. Honestly, I don’t really care as long as you don’t sit right next to another slow vehicle and block traffic - I will courteously move around you. And if I am the slower vehicle I am nearly always in the right lane anyways. But if you are bonehead, on your phone, weaving around and doing 8 under the limit, don’t get annoyed that I am eager to get around you.

Smallbear wants a modern Syclone, local Maple Leafs spammer > sm70- why not Duesenberg? 02/06/2017 at 14:46

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Dunno, but someone on here brought up Georgia’s law and I like it. I hope this is true, I never did any secondary research... but it seems dead logical to me. And I wish it would be adopted in Ontario.

Passing on the right: Not illegal in any way.

Being passed on the right: Illegal.

It’s basically a more effective left-lane law. The problem with most left-lane laws is that the speed limits are artificially low, and charging a lane hog with whatever offense pertains to a lane hog in whatever state/province they are in is pretty hard to make stick due to their speed being in line with the limit even though they are holding up traffic. With the “don’t get passed on the right” law, it’s black and white. You can’t argue that you were going fast enough, that’s not what the law says. You got passed on the right, that’s enough. Don’t like the charge? Move over next time.

KusabiSensei - Captain of the Toronto Maple Leafs > sm70- why not Duesenberg? 02/06/2017 at 14:52

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People are forever telling me that high-beam flashing (something which I try to avoid but will do when I have to) is stupid and aggressive.

These people have never been to Europe. High beams (or main beams, as it’s called in Church of England) are used as an optical horn.

The French explicitly use it to mean “I’m coming through and to heck with the rest of you...hon hon hon...”

Urambo Tauro > for Michigan 02/06/2017 at 14:57

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Not 100% illegal. Much as we like to refer to it as a “passing lane”, it’s there for handling heavy traffic volumes, too. Many highways get so packed during rush hour that you never really “pass” anyone until somebody slows down to make a turn and opens up some space ahead of them.

And there are still many areas without dedicated center turn lanes, which means that one often has to stop in the left lane and wait for oncoming traffic to clear before turning.

davesaddiction @ opposite-lock.com > gogmorgo - rowing gears in a Grand Cherokee 02/06/2017 at 14:59

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I’m with you on giving someone ample time to see you and to move over. If I’ve given that time and they’re either too oblivious or obstinate to move over, it’s blinker and throttle down...

sm70- why not Duesenberg? > KusabiSensei - Captain of the Toronto Maple Leafs 02/06/2017 at 15:00

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Apparently it’s illegal in Germany. Everywhere else...it would seem not so much.

BahamaTodd > MarquetteLa 02/06/2017 at 15:00

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This is my daily commute.

davesaddiction @ opposite-lock.com > V12 Jake- Hittin' Switches 02/06/2017 at 15:03

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Yes, no need for the horn when your engine can voice your displeasure for you.

sm70- why not Duesenberg? > Jordan and the Slowrunner, Boomer Intensifies 02/06/2017 at 15:03

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Same. The right side of a semi is not someplace I want to hang around. If I’m behind a semi passing slower traffic on the left, I give them the chance to get a suitable distance ahead and put their blinker on. If they get that suitable distance ahead and do not at least put the blinker on, I will pull right and essentially floor it until I clear the truck.

McMike > sm70- why not Duesenberg? 02/06/2017 at 15:06

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I do it all of the time, and I can’t see how it’s illegal.

You have a left lane camper, just sitting there doing the speed limit, and there is no one else for miles. You are in the right lane, cruise control set, and you pass them while they sit there in the left lane.

Passing on the right is better than flashing high-beams. Better than tailgating, and better than hanging off their rear fender not passing.

How could this possibly be illegal?

sm70- why not Duesenberg? > McMike 02/06/2017 at 15:07

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Ask the FP commenters.

http://jalopnik.com/hit-and-run-driver-may-be-the-worst-driving-biggest-as-1792042946#_ga=1.214888983.1474746977.1485187355

kiwi_matt > sm70- why not Duesenberg? 02/06/2017 at 15:08

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The right thing to do when you discover a left lane sitter is to rapidly accelerate until you are a foot from their car, aggressively brake, make a gap between you; rise and repeat until they move out of the left lane.

Daily Drives a Dragon - One Last Lap > sm70- why not Duesenberg? 02/06/2017 at 15:14

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Yeah I’ll pass on the right. If there’s room enough and slow people in the left land I’m doing it.

for Michigan > Urambo Tauro 02/06/2017 at 15:14

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I’m referring strictly to divided highways, such as interstates, in normal conditions.

When it comes to rush hour, all bets are off.

McMike > sm70- why not Duesenberg? 02/06/2017 at 15:19

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Oh, I saw that shit show.

Decided to go to Jezebel and read some Trump posts to clean off.

facw > sm70- why not Duesenberg? 02/06/2017 at 15:20

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Yep, I fought this argument on a previous FP article and it was super frustrating. One guy even linked to his state’s law, and claimed it outlawed right lane passing, when as you note, it was one of these that explicitly exempts situations where you have two or more lanes. As far as I know, highway passing on the right is not illegal anywhere in the US.

sm70- why not Duesenberg? > McMike 02/06/2017 at 15:24

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lol

sm70- why not Duesenberg? > facw 02/06/2017 at 15:25

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Yup. Plus in my comment I made the mistake of saying “legal in the United States” when the correct way of saying it would be “legal in every state that I know of” since driving laws are by state.

Urambo Tauro > Honeybunchesofgoats 02/06/2017 at 15:37

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That requirement to use a horn blows my mind. We don’t have that in Michigan, where an illuminated signal is considered sufficient. The burden is on all drivers to be aware of their surroundings before leaving their lane.

Urambo Tauro > sm70- why not Duesenberg? 02/06/2017 at 15:42

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The tricky thing is, when it comes to right vs wrong, we have to look at the whole picture in each encounter. It’s not just about vehicle position; speed and other factors come into the equation too.

There was a video a few months ago (I think it came out of China?) in which a taxi pulled into the road and cut off the camera-car. But you could tell, even without the benefit of GPS, that the camera-car was undeniably speeding through the downtown area, and caught up to the taxi way too soon. At legal speeds, there wouldn’t have been a crash.

Situations like this are why some areas declare that speeding automatically forfeits right-of-way (but it’s worth noting that this doesn’t necessarily  grant the other driver R.O.W.). You can’t be expected to always allow two blocks of open road just in case some idiot is going 200mph and cannot stop for you.

DC3 LS, will be perpetually replacing cars until the end of time > sm70- why not Duesenberg? 02/06/2017 at 16:03

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At least in the Houston area traffic laws in general are...

haveacarortwoorthree2 > sm70- why not Duesenberg? 02/06/2017 at 16:29

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If you are in the passing lane, have an opportunity to get over, and don’t. I will pass you on the right. When I get in front of you, I will use my signal and will extend my hand through the open sunroof to point you in the “right” direction (not up or “we’re number 1,” but to the right).

What I’ve found frustrating lately is the number of taxis that are left lane hogs. I mean, for the love of God, you drive a car for a living! Know the rules.

sm70- why not Duesenberg? > haveacarortwoorthree2 02/06/2017 at 16:30

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Taxi drivers are the worst. This has been and will be the case until the end of time.

haveacarortwoorthree2 > DC3 LS, will be perpetually replacing cars until the end of time 02/06/2017 at 16:32

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I thought in Houston traffic laws were like zoning regulations — nonexistent.

KFN > sm70- why not Duesenberg? 02/06/2017 at 17:28

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In this country driver licenses are issued without teaching people how to drive, so possessing any highway etiquette really just equates to frustration. I try to stick to the rules when I can, but when there’s a half-mile cluster of fucks clogging the left lane, you bet I’m passing on the right.

duurtlang > KusabiSensei - Captain of the Toronto Maple Leafs 02/07/2017 at 02:52

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I drove about 900 km in Germany this weekend. I had one person flash his high beams at me, while I was doing 160 while overtaking a row of trucks doing 90, so you can say there was ample speed difference. I assumed it was an American tourist/service member as it was close to a base and you hardly ever see that kind of misbehavior with Germans.

You don’t flash your high beams unless you deal with a very nasty left lane hog. It’s very uncourteous.

I haven’t driven in France that much, but when I went from the north of France to Spain and back last winter I didn’t encounter a high beam flash, not once. I don’t encounter it in my native the Netherlands either.

KusabiSensei - Captain of the Toronto Maple Leafs > duurtlang 02/07/2017 at 08:23

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You are correct that high beam usage in Germany is banned as a signal, and the Dutch tend to be so polite that they don’t do it.

The Belgians will only flash if it is egregious, but the French?

The French will use their lights to signal that they are taking the right of way (even when they don’t have it). It is therefore your job to get out of their way.

It’s the reverse of how you’d expect it to be, but since everyone does it that way, it sort of works.

MarquetteLa > for Michigan 02/07/2017 at 08:33

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“Except to pass”