What is Unsafe Passing on the Right under CVC 21755?
When a driver encounters a vehicle on the roadway that is impeding them by their pace or driving style, the driver will frequently choose to go around the impeding vehicle. Although passing on the roadway is legal and is often necessary, it is important that the pass is conducted safely and lawfully. If you do decide to pass the vehicle be careful to not go off the roadway when passing.
You are not allowed to pass a car on the right shoulder of a roadway
The shoulder of the roadway is available for use by vehicles in emergency situations and is not a lane set aside to pass vehicles.
Mitigating circumstances may apply in some situations. There can be a number of reasons for having to go off the roadway when passing on the right. A car suddenly veered into your lane causing you to go on the shoulder; a hazard in the roadway suddenly appeared and you had little choice in avoiding it or some other reason.
Passing Another Vehicle Should Always be Done With Caution
When attempting to overtake or pass another vehicle safety should always be the driver’s number one concern. Traveling on the roadway comes with great responsibility and should be taken seriously especially when passing a fellow motorist. If available you should always attempt to pass on the left side of the roadway.
Rules of the road require slower vehicles to merge or gravitate to the left side of the roadway in a progressional methodology. This structure helps facilitate the flow of traffic so that slower moving vehicles are not pressured into traveling faster than they are comfortable traveling.
Check your Surroundings Before Passing Another Vehicle
Knowing the roadway and the other vehicles in your immediate vicinity is important when attempting to pass any vehicle. You must fully understand the situation at hand before considering to pass another vehicle. Traditionally any overtaking of another vehicle should be done on the left-hand side of the road unless conditions suggested otherwise. There are circumstances where passing on the right can be validated with just cause.
Personal discretion is important when overtaking any vehicle especially if the pass is taking place on the right side of the roadway. Other motorists are usually caught off guard by a faster moving vehicle approaching from the right side.
Unsafe Passing Can Be Expensive
However, if an officer determines you are in violation of CVC 21755, it can cost you a minimum $237 plus a point on the violator’s driving record.
If you received a citation for passing on the shoulder, our team may be able to help. Reach out to speak with one of our knowledgable team members about your options or take advantage of our free ticket review.