Several California Vehicle Code sections allow an officer to issue a traffic citation to a driver who passes another vehicle in an unsafe manner.
Passing on the Right
Vehicle Code Section 21754 allows a driver to 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; and
(e) Upon a highway divided into two roadways where traffic is restricted to one direction upon each of such roadways."
Vehicle Code Section 21755 adds one more requirement that any passing to the right may only be done "under conditions permitting that movement in safety."
Unsafe "Blind" Passing
Vehicle Code Section 21752 prohibits a driver from passing another vehicle on the left side of the road when approaching the top of a hill or curve, so as to "create a hazar" to other vehicle that may be approaching from the opposite direction. The full text of this section reads as follows:
No vehicle shall be driven to the left side of the roadway under the following conditions:
"(a) When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;
(b) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct, or tunnel;
(c) When approaching within 100 feet of or when traversing any railroad grade crossing; and
(d) When approaching within 100 feet of or when traversing any intersection.
This section shall not apply upon a one-way roadway."
Vehicle Code Section 21750 allows "safe" passing to the left of another vehicle. The passing will not be considered safe if it interferes with the safe operation of the overtaken vehicle or of any vehicle coming from the opposite direction.
Improper Passing Violations Count as One Point
All of the violations discussed on this page will result in one point to your DMV driving record if you are convicted. Call our traffic ticket lawyer today at (877) 667-1205 or fill out our CONTACT form today for a free consultation.