California Vehicle Code 21755 restricts when a driver may pass another vehicle on the right. Unlike passing on the left, passing on the right is only permitted under specific conditions: when the vehicle being passed is turning left, when on a roadway with unobstructed lanes in the same direction, or on a one-way roadway. Passing on the right in conditions that do not meet these requirements — particularly by driving off the paved roadway — is a violation carrying 1 DMV point.
The driver of a vehicle may overtake and pass to the right of another vehicle only under the following conditions: (1) When the vehicle overtaken is making or about to make a left turn. (2) Upon a highway within a business or residence district with unobstructed pavement of sufficient width for two or more lines of moving vehicles in the direction of travel. (3) Upon any highway outside of a business or residence district with unobstructed pavement of sufficient width and clearly marked for two or more lines of moving traffic in the direction of travel.
(b)
The driver of a vehicle may also overtake and pass another vehicle upon the right when the vehicle overtaken is on a one-way roadway.
(c)
The provisions of this section shall not relieve the driver of a slow-moving vehicle from the duty to move to the right-hand side of the roadway as required by Section 21654.
(d)
No vehicle shall be driven off the paved or main-traveled portion of the roadway in overtaking or passing on the right.
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 right
~$490
Standard 1-point moving violation fine schedule.
The base fine of $238 applies to a standard VC 21755 infraction. After California 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.
Under VC 21755, you may pass on the right only when: (1) the vehicle ahead is making or about to make a left turn; (2) you are on a multi-lane road with sufficient unobstructed pavement for two or more lanes of traffic in your direction; or (3) you are on a one-way roadway. You may never drive off the paved portion of the road to pass on the right.
The base fine is $238. After California's mandatory penalty assessments, the total typically reaches approximately $490, with the exact amount varying by county.
Yes. A conviction adds 1 DMV point to your California driving record, remaining for 36 months from the violation date.
Yes. Defenses include demonstrating that the conditions for a lawful right-side pass were met — such as that the vehicle being passed was turning left, or that the road had sufficient marked lanes — or challenging the officer's observation. A Trial by Written Declaration is available to contest without a court appearance.
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