Vehicle Code § 21755 CVC – Unsafe Passing on the Right

Vehicle Code § 21755 CVC is the California statute that makes it an offense to pass other vehicles on the right if the movement is made in an unsafe manner. Whether or not a movement is performed safely is determined by the facts of the particular case. You are also never allowed to pass on the shoulder.

A violation of this law is an infraction. You would receive a traffic ticket and one point on your driving record.

The language of the statute reads as follows:

21755 CVC.  (a) 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.

(b) This section does not prohibit the use of a bicycle in a bicycle lane or on a shoulder.

Examples

• driving a car on a San Francisco freeway and quickly swerving to the right traffic lane and “gunning it” to pass a car.
• passing a driver of a vehicle on the right shoulder.
• speeding past a decelerating truck on the right side to avoid a red light.

Defenses

If you are accused of violating this traffic law, you can raise a legal defense to challenge the alleged violation. Common defenses include:

• the facts of the case show that you safely passed on the right,
• you did not pass on the right, and/or
• you acted out of necessity.

Penalties

Unsafe passing on the right is charged as an infraction under California law. This is opposed to a misdemeanor or a felony.

A moving violation under this law is punishable by:

• a ticket and a fine, and
• one point on your DMV driving record.

If you get a certain number of points on your record within a 1-, 2- or 3-year period, then the DMV can:

• declare you a negligent operator, and
• suspend or revoke your driving privileges.

Our California car accident attorneys will explain the following in this article:

• 1. When is it illegal to pass on the right?
• 2. Can I contest a charge under CVC 21755?
• 3. What are the penalties for violating this code section?
• 4. What if I fail to show up in court for a traffic ticket?
• 5. How does this section impact a California personal injury action?
• 6. Are there traffic laws related to this statute?

1. When is it illegal to pass on the right?

California Vehicle Code Section 21755 says that is it an offense if you:

1. pass another driver on the right, and
2. do so in an unsafe manner.¹

This means if you have to pass on the right, you must do so safely.

Whether or not you pass safely is determined by the facts of a given case.²

The rules of the road also state that it is a violation of California traffic laws if:

1. you pass on the right, and
2. do so by driving on the shoulder of the road.³

Note that many drivers who commit this offense are also cited for speeding. Therefore, it is possible for you to receive:

• a ticket for an unsafe pass on the right, and
• a speeding ticket.

2. Can I contest a charge under CVC 21755?

Defense lawyers draw on several legal strategies to contest charges under this statute. These include showing that:

1. you passed on the right but did so safely.
2. you did not pass on the right side.
3. you acted out of necessity.

You Passed on the Right but Did So Safely

You are only guilty under this statute if you passed on the right and did so unsafely. This means it is always a defense to use the facts of a case to demonstrate that you:

1. passed on the right, but
2. did so in a safe manner.

You Did Not Pass on the Right Side

This code section only applies if you pass another vehicle, in the same direction of travel, on the right side. A defense, therefore, is to show that you did not pass on the right. Perhaps, for example, you made a pass but did so on the left side.

You Acted Out of Necessity

Under a necessity defense, you try to avoid guilt by showing that you had a sufficiently good reason to commit the crime.

In the context of CVC 21755, you could attempt to show that you committed the crime because there was no other choice. Perhaps, for example, you passed on the right or passed using the shoulder because you:

1. were reacting to an emergency or some hazard, or
2. needed to make a lane change or get into a turn lane because of a mechanical issue with the vehicle.

3. What are the penalties for violating this code section?

A violation of this statute is charged as an infraction.

You will receive:

1. a ticket (usually in an amount of $237), and
2. one point on your DMV driving record.

If you get a certain amount of points within a 1-, 2- or 3-year period, the DMV can:

• declare you a negligent operator, and
• suspend, or even revoke, your driving privileges.

4. What if I fail to show up in court for a traffic ticket?

You cannot fail to show up in court for a traffic ticket. This is a crime per Vehicle Code 40508 CVC.

When you are issued a traffic ticket in California, you have to sign a written promise to appear in court.

If you willfully fail to appear as promised, you violate VC 40508.⁴

A violation of this law is charged as a misdemeanor. The penalties are:

• up to six months in county jail (as opposed to state prison), and/or
• a fine of up to $1,000.⁵

5. How does this section impact a California personal injury action?

By violating these laws, you may cause an accident with another motorist (often a rear-end collision). If the motorist is injured and later files a personal injury lawsuit against you, you may be found “negligent.”

In a personal injury action, a negligent party bears the responsibility for compensating the plaintiff for any injuries incurred.

Proving negligence can sometimes be difficult. Though, in California, you are considered “negligent per se” if you violate a statute. This means you would be negligent per se for passing unsafely on the right in violation of CVC 21755.⁶

6. Are there traffic laws related to this statute?

There are three offenses related to unsafe passing on the right. These are:

1. lane weaving – CVC 21658,
2. slow vehicle not driving on the right – CVC 21654, and
3. right-hand lane violation – CVC 21650.

Lane Weaving – CVC 21658

Vehicle Code 21658 CVC is the California statute that makes it a crime to weave inside a traffic lane or to straddle a marked line.

Straddling a line means driving over a marked line as opposed to driving in between two marked lines.

You face the same penalties under this statute as you do under CVC 21755.

Slow Vehicle Not Driving on the Right – CVC 21654

Vehicle Code 21654 CVC makes it a traffic offense to slowly drive a vehicle in any lane but the right-hand lane.

An exception is if you intend to make a left turn.

For example, as with an unsafe pass on the right, a violation of this law is an infraction.

Right-Hand Lane Violation – CVC 21650

Vehicle Code 21650 CVC says that you must drive your vehicle on the right side of the road.

The statute does provide a few exceptions (such as when passing a car going in the same direction).

As with unsafe passing on the right, an offense under this law will result in one point on your driving record.

---

Legal References: