1. A. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

   1. (1) when the vehicle overtaken is making or about to make a left turn;
   2. (2) upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles in each direction; or
   3. (3) upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.
2. B. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.

History: 1953 Comp., § 64-7-311, enacted by Laws 1978, ch. 35, § 415.

ANNOTATIONS

Cross references. — For the penalty assessment for violation, see 66-8-116 NMSA 1978.

Since highway was four lanes, overtaking and passing on right was permissible. Sapp v. Atlas Bldg. Prods. Co., 1957-NMSC-021, 62 N.M. 239, 308 P.2d 213.

Passing on right within flashing yellow intersection is negligence question for jury. Butcher v. Safeway Stores, Inc., 1967-NMCA-029, 78 N.M. 593, 435 P.2d 212.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 265.

Reciprocal rights, duties, and liabilities where driver of motor vehicle attempts to pass on right of another vehicle proceeding in the same direction, 38 A.L.R.2d 114.

Liability for accident arising from failure of motorist to give signal for left turn at intersection as against motor vehicle proceeding in same direction, 39 A.L.R.2d 15.

Failure of motorist to give signal for left turn between intersections, liability for accident arising from, 39 A.L.R.2d 103.

What amounts to reckless driving of motor vehicle within statute making such a criminal offense, 52 A.L.R.2d 1337.

Construction, applicability, and effect of traffic regulation prohibiting vehicles from passing one another at street or highway intersection, 53 A.L.R.2d 850.

Automobiles: liability for U-turn collisions, 53 A.L.R.4th 849.

60A C.J.S. Motor Vehicles § 326; 61A C.J.S. Motor Vehicles § 686.