1. (1) A person commits the offense of unsafe passing on the right if the person:

   1. (a) Drives a vehicle to overtake and pass upon the right of another vehicle at any time not permitted under this section.
   2. (b) Drives a vehicle to overtake and pass upon the right of another vehicle at any time by driving off the paved portion of the highway.

2. (2) For purposes of this section, a person may drive a vehicle to overtake and pass upon the right of another vehicle under any of the following circumstances:

   1. (a) Overtaking and passing upon the right is permitted if:

      1. (A) The overtaken vehicle is making or the driver has signaled an intention to make a left turn;
      2. (B) The paved portion of the highway is of sufficient width to allow two or more lanes of vehicles to proceed lawfully in the same direction as the overtaking vehicle; and
      3. (C) The roadway ahead of the overtaking vehicle is unobstructed for a sufficient distance to permit passage by the overtaking vehicle to be made in safety.
   2. (b) Overtaking and passing upon the right is permitted if the overtaken vehicle is proceeding along a roadway in the left lane of two or more clearly marked lanes allocated exclusively to vehicular traffic moving in the same direction as the overtaking driver.
   3. (c) Overtaking and passing upon the right is permitted if the overtaking vehicle is a bicycle that may safely make the passage under the existing conditions.
3. (3) The offense described in this section, unsafe passing on the right, is a Class B traffic violation.

[1983 c.338 §638; 1987 c.158 §169; 2005 c.316 §1]