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passing to the right hand side of a slower vehicle

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Old 07-12-2005 | 02:19 PM
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Sigh.

The law cited above does not apply when you are in one lane and the car you're passing is in another.

The law does not require that there be only one lane going in your direction.

The law applies when you and the car you're passing are in the same lane, irrespective of the number of lanes going in your direction.

To be clear, in California:

a. It is legal to pass another car when you are in one lane and the other car is in a different lane, no matter which lane is on the right and which is on the left.

b. When you are in the same lane as another car it is legal to pass on the left except in a few specific circumstances listed in the Vehicle Code (e.g., when the other car is preparing to turn left, or is stopped to let cross traffic proceed).

c. When you are in the same lane as another car it is illegal to pass on the right except in a few specific circumstances listed in the Vehicle Code (e.g., when the other car is turning left).
Old 07-12-2005 | 03:55 PM
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[QUOTE=WhiteS2k,Jul 12 2005, 12:27 PM]I am curious about areas where "passing on the right" is NOT permitted, what is the definition for "passing" and what is the correct behavior when driving in those areas?
Old 07-12-2005 | 03:57 PM
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Originally Posted by magician,Jul 12 2005, 02:19 PM
Sigh.

The law cited above does not apply when you are in one lane and the car you're passing is in another.

The law does not require that there be only one lane going in your direction.

The law applies when you and the car you're passing are in the same lane, irrespective of the number of lanes going in your direction.

To be clear, in California:

a. It is legal to pass another car when you are in one lane and the other car is in a different lane, no matter which lane is on the right and which is on the left.

b. When you are in the same lane as another car it is legal to pass on the left except in a few specific circumstances listed in the Vehicle Code (e.g., when the other car is preparing to turn left, or is stopped to let cross traffic proceed).

c. When you are in the same lane as another car it is illegal to pass on the right except in a few specific circumstances listed in the Vehicle Code (e.g., when the other car is turning left).
thanks!
Old 07-12-2005 | 04:20 PM
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Thanks for the follow-up. So let's take an example with multiple lanes going in the same direction in California.
[QUOTE=magician,Jul 12 2005, 02:19 PM]To be clear, in California:

a.
Old 07-12-2005 | 04:34 PM
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Originally Posted by WhiteS2k,Jul 12 2005, 04:20 PM
I hope we are in agreement that it is illegal to pass or drive on the shoulder (in CA as well as other states).
you know, I was wondering the same thing until i stumbled across this:

21650. Upon all highways, a vehicle shall be driven upon the right
half of the roadway, except as follows:
.
(f) When the vehicle is necessarily traveling so slowly as to
impede the normal movement of traffic, that portion of the highway
adjacent to the right edge of the roadway may be utilized temporarily
when in a condition permitting safe operation.

and then this,

21654. (a) Notwithstanding the prima facie speed limits, any
vehicle proceeding upon a highway at a speed less than the normal
speed of traffic moving in the same direction at such time shall be
driven in the right-hand lane for traffic or as close as practicable
to the right-hand edge or curb
, except when overtaking and passing
another vehicle proceeding in the same direction or when preparing
for a left turn at an intersection or into a private road or
driveway.
(b) If a vehicle is being driven at a speed less than the normal
speed of traffic moving in the same direction at such time, and is
not being driven in the right-hand lane for traffic or as close as
practicable to the right-hand edge or curb
, it shall constitute prima
facie evidence that the driver is operating the vehicle in violation
of subdivision (a) of this section.

I've seen near broken down and crippled vehicles driving on the shoulder with their hazard lights on going much slower than the speed limit. Maybe this is where these vehicle codes apply. It makes sense and seems much safer to use the shoulder than a lane of highway when going 35mph.
Old 07-12-2005 | 04:48 PM
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Originally Posted by vng,Jul 12 2005, 03:55 PM
Sorry if I caused some confusion for you, what I meant by "passing" and what I should have stated to begin with is "overtaking and passing" instead. I wasn't specific enough.

You may overtake and pass to the right if and only if the situation you're in matches those listed above in CVC 21754, 21755. Otherwise, you can assume it's illegal since VC 21754 says that you can overtake and pass to the right "only" if your situation meets the mentioned conditions.

You can search through the CVC here (click). That's where I found all this stuff.

I hope this helps
Thanks for the link. Yes, every post helps in explaining this whole "passing on the right" thing to me.

I followed your link to the CA Vehicle Code law and look through Division 11, Chapter 3. But unfortunately it does not define "passing" or "overtaking" either (at least I didn't find it). But sections 21754 and 21755 were exactly as you quoted. But section 21755 basically says one cannot drive off the road (i.e., on the shoulder) to pass. So I interpret that to mean you can only pass on the right when there is a lane to the right of the slower moving vehicle. Otherwise section 21755 does not prohibit "passing on the right".

Section 21754 on the other hand, spells out some conditions under which one "may overtake and pass to the right of another vehicle". So ...
(a) says I can pass (on the right of) a vehicle making a left turn -- provided there is a lane to the right because section 21755 says I must stay on the road.
(b) says I can pass (on the right) if the road is wide enough for more than one vehicle -- but it was not divided into two lanes!!!
Old 07-12-2005 | 05:01 PM
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Is anybody else confused by this whole thread? It seems as if we're going in circles.

Just pass the damn car!
Old 07-12-2005 | 05:14 PM
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Wow this is getting interesting:

But section 21755 basically says one cannot drive off the road (i.e., on the shoulder) to pass.
21755:"...In no event shall such movement be made by driving off the paved or main-traveled portion of the roadway."

Most shoulders are paved so I think it's still ok to travel here in order to overtake and pass.

(a) says I can pass (on the right of) a vehicle making a left turn -- provided there is a lane to the right because section 21755 says I must stay on the road.
I don't think 21754(a) requires an additional lane to the right because it doesn't explicitely say so. Good idea about going to 21755 but then again, 21755 doesn't say anything about the necessity for an additional lane - just that it should be paved.

I think if we assume that "paved" is all that's required (according to 21755) then it will be ok to pass whether it's a shoulder or another lane - so long as the area is just still paved.

21754(e) is vague, but i think it means that the division between two roadways is barring you from passing to the left, therefor your only option is to go right.

But I am still not clear when is passing on the right NOT legal in CA or other areas? confused.gif
According to magician, you may pass on the right anytime, it's legal. Just be careful about overtaking and passing to the right.
Old 07-12-2005 | 05:15 PM
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Originally Posted by Cyclon36,Jul 12 2005, 05:01 PM
Is anybody else confused by this whole thread? It seems as if we're going in circles.

Just pass the damn car!
Old 07-12-2005 | 06:19 PM
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I've got no problem passing people on the left since rednecks in trucks seem to be the majority of idiots who drove slow in the fast lane here in San Diego. I don't know why, but I have the sneaky suspicion they are trying to control traffic.

Sam


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