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Please Explain "Passing on the Right"

(Click here to view the original thread on the MassCops Message Board)

Posted by: netrista

Can someone please explain the concept of "passing on the right." I was on a street in a small town. There was a northbound side with two lanes, and a southbound side with two lanes. I was travelling northbound around 20ish in the right lane, and I saw a tractor trailer truck slightly ahead of me in the left lane. Everyone says "if you can't see their mirrors," they can't see you, so I was creeping up alongside the truck. I wasn't trying to get in the left lane in front of the truck, I was trying to be ahead of the truck in my own right lane...and, I wasn't even putting much effort into it, because the truck was moving rather slowly, so I couldn't have avoided moving past it anyway.

Needless to say, the truck pulled into my right lane abruptly, because an emergency vehicle was behind us in the distance. I read the police report, and it described me as "passing on the right." I thought "passing on the right" was basically being in the left lane with someone, jumping out of it, flying up the right hand land, and jumping back in the left lane in front of the person. That's not what I was trying to do.

-- NSAK


Posted by: bulldogtb

Slower traffic should always be in the right lane, passing another vehicle on the right is not allowed unless it is a divided highway or the vehicle ahead is taking a left turn.


Posted by: Deuce

A police report huh?
I assume then you were involved in an accident?
Is it just an accident report or is there a police incident report along with it due to ensuing issues?
Were you issued a citation for 'passing on the right' or does it just say you were in the process of passing the truck on the right when the accident occured?

First off, all MGL's are available online. Second it sounds like you're trying to get out of a ticket and being lazy about it.

So here ya go; 'passing on the right' is the opposite of passing on the left...



Posted by: netrista

Thank you for your replies. I had read the Mass General Law, the DMV site, and several other state law sites prior to my visit. I still don't know what this means in a very technical sense. The law I read did not state if passing is A) passing by a vehicle and remaining in your own lane, or B) going around another vehicle and jumping into its lane. Basically, if the right lane is completely clear of other vehicles, and congested conditions and heavy vehicle inertia cause the other vehicle to move slowly in the left lane, is one legally bound to slow down to an unnatural speed or even stop so as not to pass by the other vehicle? That seems intuitively wrong.

I was not issued a citation. It was an accident situation. The police officer's report simply states "vehicle #1 was passing vehicle #2 on right." My car was totaled, but the book value is so low, it doesn't matter whether I collect at all. I could even live if my insurance went up. I was just bothered by the language, because it gives me the impression that people think I'm a daredevil lane changer, when I was just driving straight at all times at very slow speeds. I'm also very technical both in a professional and natural sense, so I'm always inclined to want to really understand what I'm reading. That's all!


-- NSAK


Posted by: mtc

You were on the right, and you were passing the other vehicle. It doesn't appear the other driver fessed up to panicking and abruptly pulling right, while in a left turn maneuver.

Unless there was some sort of curb cut to the right of you, it's arguable, the truck should not have encroached into your lane.
Then again, he shouldn't have been turning right from the left lane, unless it was a TT unit, and was signalling as such, and you bolted up the right lane to get around him. <- people have died trying to get away with that one.


Posted by: resqjyw0

Quote:
Originally Posted by netrista View Post
The law I read did not state if passing is A) passing by a vehicle and remaining in your own lane, or B) going around another vehicle and jumping into its lane.
Passing is passing... It doesn't matter what you had the intention of doing after you passed.

Why don't you complain that the truck driver was in violation of 89-4B, therefore you couldn't lawfully overtake him?


Posted by: 94c

Quote:
Originally Posted by bulldogtb View Post
Slower traffic should always be in the right lane, passing another vehicle on the right is not allowed unless it is a divided highway or the vehicle ahead is taking a left turn.
I know many 4 lane roadways that are not divided.

Thus passing on the right is completely legal.


Posted by: bulldogtb

94C I disagree…

CHAPTER 89. LAW OF THE ROAD

Chapter 89: Section 2. Passing vehicle traveling in same direction

Section 2. Except as herein otherwise provided, the driver of a vehicle passing another vehicle traveling in the same direction shall drive a safe distance to the left of such other vehicle; and, if the way is of sufficient width for the two vehicles to pass, the driver of the leading one shall not unnecessarily obstruct the other. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on visible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
The driver of a vehicle may, if the roadway is free from obstruction and of sufficient width for two or more lines of moving vehicles, overtake and pass upon the right of another vehicle when the vehicle overtaken is (a) making or about to make a left turn, (b) upon a one-way street, or (c) upon any roadway on which traffic is restricted to one direction of movement. In other words divided highway
Therefore if the road has multiple lanes and not divided passing on the right is prohibited.



Posted by: 94c

Quote:
Originally Posted by bulldogtb View Post
94C I disagree…

CHAPTER 89. LAW OF THE ROAD

Chapter 89: Section 2. Passing vehicle traveling in same direction

Section 2. Except as herein otherwise provided, the driver of a vehicle passing another vehicle traveling in the same direction shall drive a safe distance to the left of such other vehicle; and, if the way is of sufficient width for the two vehicles to pass, the driver of the leading one shall not unnecessarily obstruct the other. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on visible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
The driver of a vehicle may, if the roadway is free from obstruction and of sufficient width for two or more lines of moving vehicles, overtake and pass upon the right of another vehicle when the vehicle overtaken is (a) making or about to make a left turn, (b) upon a one-way street, or (c) upon any roadway on which traffic is restricted to one direction of movement. In other words divided highway
Therefore if the road has multiple lanes and not divided passing on the right is prohibited.

You can't be serious.

It says lines not lanes.

There are many 4 lane roadways and highways that are not divided. Are you trying to say the vehicle in the right lane can't pass a vehicle in the left lane?


Posted by: bulldogtb

Yes am serious, it goes hand and hand with 89-4

Section 4B. Upon all ways the driver of a vehicle shall drive in the lane nearest the right side of the way when such lane is available for travel, except when overtaking another vehicle or when preparing for a left turn.

i.e. passing must be done on left

while I agree it like many laws in Massachusetts it could be written more clearly the people at MIT agree with me, see their wesite:
http://www.mit.edu/~jfc/right.html


Posted by: 94c

Sounds like it would create one giant game of leapfrog.

I know of places that you couldn't write fast enough.


Posted by: USMCMP5811




Nuff Said


Posted by: rokurmthr61

Quote:
Originally Posted by bulldogtb View Post
Yes am serious, it goes hand and hand with 89-4

Section 4B. Upon all ways the driver of a vehicle shall drive in the lane nearest the right side of the way when such lane is available for travel, except when overtaking another vehicle or when preparing for a left turn.

i.e. passing must be done on left

while I agree it like many laws in Massachusetts it could be written more clearly the people at MIT agree with me, see their wesite:
http://www.mit.edu/~jfc/right.html

who the hell cares who writes them, if there vage im going to use the law to my advantage.




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