California Vehicle Code 21750 governs how a driver must overtake another vehicle traveling in the same direction: by passing to the left at a safe distance without interfering with the overtaken vehicle. Citations are issued when a driver passes too closely, forces the other vehicle to brake or swerve, or overtakes in a way the officer judges as unsafe. The violation carries 1 DMV point and a base fine of $238.
The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle, and, if the passing movement involves the use of the lane of traffic approaching from the opposite direction, the driver shall not attempt to pass unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completed without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken.
Enacted by Stats. 1959, Ch. 3. (Original enactment.)
Fine & Penalty Amounts
Estimated totals include all mandatory state and county penalty assessments. Actual amounts vary by county court.
Violation Range
Est. Total with Assessments
Notes
Improper passing on left
~$490
Standard 1-point moving violation fine schedule.
The base fine of $238 applies to a standard VC 21750 infraction. After California's penalty assessments, the total typically reaches approximately $490. Exact amounts vary by county.
Frequently Asked Questions
Common questions drivers search for after receiving this citation.
California Vehicle Code 21750 requires that when overtaking a vehicle going the same direction, you pass to its left at a safe distance and do not return to the right lane until clearly past the overtaken vehicle. If the pass involves using the oncoming traffic lane, the left side must be clearly visible and free of approaching traffic for a sufficient distance.
The base fine is $238. After California's mandatory penalty assessments, the total typically reaches approximately $490, varying by county.
Yes. A conviction adds 1 point to your California DMV record for 36 months from the violation date.
Yes. Defenses include arguing the pass was completed safely at an adequate distance, challenging the officer's viewing position or angle, or disputing the factual basis of the citation. A Trial by Written Declaration lets you contest it without appearing in court.
Also frequently cited with
California drivers who receive this citation often have questions about these related violations.
