Virginia Motor Vehicle Code Applies
Passing on the right side is not necessarily illegal, dangerous, or negligent. In fact, it is expressly permitted at certain times. Per Virginia Motor Vehicle Code §46.2-841(A), a vehicle driver may pass on the right only:- When the overtaken vehicle is making or about to make a left turn, and its driver has given the required signal
- On a highway with unobstructed pavement, not occupied by parked vehicles, of sufficient width for two or more lines of moving vehicles in each direction
- On a one-way street or on any one-way roadway when the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles
Why Is Passing on the Right More Dangerous?
Right-lane passing is inherently more dangerous because:- Traffic in right lanes moves slower because of on- and off-ramps, exits, curb cuts, disabled vehicles, pedestrians, bicyclists, and vehicles parked in the shoulder
- Poorer visibility
- More distractions
