Ohio: Passing on the right

[JohnG]

Can you pass on the right on a 4-lane highway in Ohio? What about a freeway?

Passing on the right is referenced in ORC 4511.28 (http://codes.ohio.gov/orc/4511.28) but it's not totally clear if the words "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." means a roadway that is wide enough for two cars to travel in the same direction, or a roadway with two or more lanes in the same direction, such as a 4-lane highway or freeway.

[SgtCHP]

You have to read the entire law.....

4511.28 Overtaking and passing upon the right of another vehicle.

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

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

(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.

(This means if there are multiple lanes of roadway in the same direction, one vehicle may pass another on the right)

(B) The driver of a vehicle or trackless trolley may overtake and pass another vehicle or trackless trolley only under conditions permitting such movement in safety. The movement shall not be made by driving off the roadway.

(This means you may not use a paved or unpaved SHOULDER to overtake and pass on the right)

(C) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

Effective Date: 01-01-2004

[JohnG]

You have to read the entire law.....

Thanks. Would be much easier if section A(2) said 'multiple lanes" instead of "mulitple lines". It does say; "moving lawfully in the direction being traveled"... Well, even if a lane is wide enough for two cars then it's still unlawful to drive two cars abreast, so I guess it can't mean "A wide lane", it must mean "multiple lanes".


Normally when there are multiple conditions to a section in a statute Ohio law is clear on if all must be met or just one. This time they aren't.

[BC1260]

What also needs to be clear here is the definition of the roadway and the road. A road is considered the entire area from grass line to grass line or curb to curb or road edge to road edge. The roadway is the area of the road that is marked for vehicular travel, which is (usually) marked by pavement markings. The solid white or solid yellow lines between the roadway lane and the road edge or in the middle of the road are not authorized for vehicular travel i.e. you cannot use these portions of the road to pass or turn.