Overtaking and Passing on California’s Roadways – Vehicle Code § 21750-21759

California’s traffic laws on improper passing and overtaking vehicles are found in Vehicle Code § 21750-21759 VC.

Each code section provides specific rules on overtaking vehicles, passing vehicles, or both.

In short:

• Vehicle Code 21750 VC requires you to pass on the left.
• Vehicle Code 21751 VC mandates that you pass to the left of center only when there is sufficient clearance.
• Vehicle Code 21752 VC prohibits you from overtaking and passing on the left in specific circumstances.
• Vehicle Code 21753 VC requires you to yield to passing vehicles.
• Vehicle Code 21754 VC allows you to overtake and pass on the right in only specific situations.
• Vehicle Code 21755 VC provides further restrictions on right-side passing.
• Vehicle Code 21756 VC limits when you may pass buses and streetcars.
• Vehicle Code 21757 VC provides further limitations with buses and streetcars and prohibits left-side passing in specific situations.
• Vehicle Code 21758 VC sets forth safety rules when you pass slow-moving vehicles traveling on grades.
• Vehicle Code 21759 VC requires you to use caution when passing animals.
• Vehicle Code 22454 VC makes it illegal to pass a school bus when red lights are flashing.

In the article below, our California car accident attorneys will address:

• 1. Overtaking and Passing Laws
• 2. Defenses
• 3. Penalties
• 4. Traffic School
• 5. Is unlawful passing a crime?
• 6. Ignoring a Ticket
• 7. Can I get sued?
• 8. Related Laws
• Additional Reading

1. Overtaking and Passing Laws

California has several important rules of the road that pertain to overtaking and passing while driving a motor vehicle, discussed below.

Passing on the Left

VC 21750 requires you to overtake and pass other motorists on the left side of a roadway and at a safe distance.

Vehicle Code 21750 (a) states:

The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left at a safe distance without interfering with the safe operation of the overtaken vehicle, subject to the limitations and exceptions set forth in this article.¹

Passing to the Left of Center

According to VC 21751, if you are on a two-lane highway, you can only pass to the left when there is sufficient clearance.²

Vehicle Code 21751 states that there is sufficient clearance when “the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead…”.³

When Passing to the Left is Illegal

Under VC 21752, you cannot overtake and pass a vehicle to the left when either:

• Approaching or on the top of a grade, or on a curve, and your view is obstructed;
• Your view is obstructed when within 100 feet of a bridge, viaduct, or tunnel;
• Approaching within 100 feet of a railroad crossing;
• Approaching within 100 feet of an intersection.⁴

Yielding While Getting Passed

VC 21753 states that you must yield for passing vehicles.

The language of Vehicle Code 21753 provides:

Except when passing on the right is permitted, the driver of an overtaken vehicle shall safely move to the right-hand side of the highway in favor of the overtaking vehicle after an audible signal or a momentary flash of headlights by the overtaking vehicle, and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.⁵

The driver of the overtaken vehicle is not required to drive on the shoulder of a highway to yield.⁶

Passing on the Right

Under Vehicle Code 21754, you can overtake and pass vehicles on the right. However, you may only do so under certain conditions.⁷

VC 21754 lists five conditions. These are when you are:

1. Overtaking a vehicle that is making a left turn;
2. On a highway within 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;
3. On 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;
4. On a one-way street; and,
5. On a highway divided into two roadways where traffic is restricted to one direction upon each of such roadways.⁸

Passing on the Right by Driving Off-Road

Vehicle Code 21755 sets forth additional rules when you pass on the right. VC 21755 states:

The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting that movement in safety. In no event shall that movement be made by driving off the paved or main-traveled portion of the roadway.⁹

Passing Stopped Buses and Streetcars

VC 21756 states that you may pass stopped buses or streetcars (that are loading or unloading passengers) only in safety zones or in intersections controlled by officers or signal devices.¹⁰

Vehicle Code 21756 also requires you to speed no greater than 10 miles per hour when passing buses or trolleys that are stopped and loading or unloading passengers.¹¹

Passing Buses and Streetcars on the Left

According to VC 21757, you can pass moving or stopped buses and streetcars on the left, but only in limited circumstances.¹²

VC 21757 states that these circumstances include when you are:

• Directed so by an officer; or,
• On a one-way street.¹³

Passing Slow Vehicles on Grades

VC 21758 applies to overtaking and passing slow-moving vehicles traveling on a grade outside a business or residential district.

Vehicle Code 21758 states:

In the event any vehicle is being operated on any grade outside of a business or residence district at a speed of less than 20 miles per hour, no person operating any other motor vehicle shall attempt to overtake and pass such slow moving vehicle unless the overtaking vehicle is operated at a speed of at least 10 miles per hour in excess of the speed of the overtaken vehicle, nor unless the passing movement is completed within a total distance not greater than one-quarter of a mile.¹⁴

Passing Animals

VC 21759 requires you to exercise caution when passing animals.¹⁵

Animals, under this section, include:

• horses,
• livestock, and
• any ridden animals.¹⁶

As for ridden animals, you must obey the signals given by the person riding the animal so as to avoid frightening the animal.¹⁷

2. Defenses

There are five common defenses if you are accused of violating Vehicle Code Sections 21750-21759. These are that you:

1. Did not pass unsafely and did not interfere with the operation of the other vehicle during the lane change;
2. Had sufficient clearance to pass on the left;
3. Passed in strict compliance with California’s vehicle codes (as to VC 21752, 21754, 21756 and 21757).
4. Passed a bus or streetcar in a safety zone or at the direction of a police officer.
5. Passed an animal but did so with sufficient caution.

You can represent yourself when fighting a California ticket for improper passing. Though it is advantageous to hire an attorney for three main reasons. These are:

1. Prosecutors tend to offer better deals if you have a lawyer.
2. Defense attorneys are knowledgeable on how to get charge reductions and dismissals.
3. If you have a defense lawyer, you do not have to go to court.

3. Penalties

If you violate California Vehicle Code Sections 21750-21759 VC, you will receive:

1. A fine of $238; and,
2. One point assessed to your DMV driving record.¹⁸

Please note that points assessed on your record are reported to your insurance carrier. The result is typically an increase in your insurance rates for several years.

If you accumulate a certain number of points within a 1-,2- or 3-year period in California, the DMV can declare you a negligent operator. If this is done, the DMV can suspend or even revoke your driving privileges. Either action requires a California DMV hearing.

4. Traffic School

If you are cited for illegal overtaking or passing, you do not have to attend traffic school.

However, you can voluntarily choose to do so. Generally, you can go to traffic school if:

1. You have a valid driver’s license;
2. The offense occurred while driving a noncommercial vehicle; and,
3. Your ticket is for an infraction that is a moving violation.¹⁹

If you elect to go to traffic school, you must still pay your traffic fine.²⁰ However, you generally should not get any points on your driving record if you complete the school.²¹

5. Is unlawful passing a crime?

Violating California’s overtaking and passing laws is a not a crime. Instead, it is an infraction. Therefore, you cannot be jailed.

6. Ignoring a Ticket

If you willfully fail to appear in court on a traffic ticket, you violate Vehicle Code 40508 VC.²² It does not matter if you did not intend to break the law.²³

Nor does it matter whether you’re guilty or innocent of the underlying traffic citation.²⁴ You violate Vehicle Code 40508 just by breaking a promise to:

• Appear in court,
• Appear to pay bail,
• Pay bail in installments,
• Pay a fine within the time authorized, or
• Comply with any condition of the court.²⁵

Violation of Vehicle Code 40508 VC is a misdemeanor. The penalties are:

• Up to six months in county jail, and/or
• A fine of up to $1,000.²⁶

7. Can I get sued?

If you violate Vehicle Code Sections 21750-21759 VC, and thereby cause an accident, you may be found negligent in a personal injury lawsuit.

California law defines “negligence” as the failure to use reasonable care to prevent harm to oneself or to others. In the context of an auto accident, you are at fault for the accident and may have to pay for any damages caused.

Proving negligence in a personal injury case is sometimes difficult. In California though, you are considered “negligent per se” if you violate a statute.

Negligence “per se” is a legal theory in which negligence is presumed based upon your violation of a statute or ordinance, such as Vehicle Code Sections 21750-21759.

8. Related Laws

Speeding Laws

“Speeding laws” refers to California laws that impose penalties for driving too fast. Some of these include:

• The basic speeding law
• Absolute speed limits
• “Prima facie” speed limits
• Driving over 70 miles per hour
• Speeding in a construction zone
• Excessive speed on a freeway
• Driving over 100 miles per hour

Penalties for violating these speeding laws typically include a fine and points assessed on your DMV driving record.

As to fines, the exact amount of a speeding ticket will depend on the speed at which you were driving. The amount will also include a base fine, fees, and penalty assessments.

If you exceed the speed limit, but were not driving more than 100 miles per hour, then the base fine of a ticket will be:

• $35 if faster than the limit by 1 to 15 miles per hour
• $70 if faster than the limit by 16 to 25 miles per hour
• $100 if faster than the limit by 26 miles per hour.

Driving on the Wrong Side of the Road

California Vehicle Code Section 21651 describes how traffic should flow on California’s divided public roads.²⁷

According to Vehicle Code 21651 (b):

It is unlawful to drive any vehicle upon a highway, except to the right of an intermittent barrier or a dividing section which separates two or more opposing lanes of traffic.²⁸

This language is clear. All vehicles on California’s highways must drive to the right of a barrier or dividing section. This means you must drive on the right side of the road.

Driving on the wrong side of the road is a “wobbler” under California law. A “wobbler” is a crime that can be punished as either:

• a misdemeanor or
• a felony.

Whether a violation of VC 21651 (b) results in a misdemeanor or felony depends on whether anyone was hurt or killed because of the violation. You will also receive points on your driving record.

Reckless Driving

California Vehicle Code 23103 is the State’s law on reckless driving. It makes it a crime to drive with wanton disregard for the safety of people or property.²⁹

If no one other than you are injured in the incident, VC 23101 is a California misdemeanor. It can be punished at most by:

1. Five to 90 days in county jail, and/or,
2. A fine of between $145 and $1,000.³⁰

Though the possible jail sentence and fine increase if the reckless driving causes an injury.³¹ Also, any reckless driving conviction will add two points to your California DMV record.

Additional Reading

For more in-depth information, refer to the following scholarly articles:

• Safety of passing longer combination vehicles on two-lane highways – Transportation Research Part A: Policy and Practice.
• Drivers who don’t comply with a minimum passing distance rule when passing bicycle riders – Journal of Safety Research.
• Factors Affecting Vehicle Passing Distance and Encroachments While Overtaking Cyclists – Institute of Transportation Engineers Journal.
• Autonomous vehicle overtaking- an online solution – IEEE International Conference on Automation and Logistics.
• Cars overtaking cyclists on different urban road types – Expectations about passing safety are not aligned with observed passing distances – Transportation Research Part F: Traffic Psychology and Behaviour.

---

Legal References: