Is Passing on the Right on the Freeway Legal?

For much of the past few decades, the question of whether it is legal to pass on the right on the freeway has been a subject of debate. This article aims to clarify the legal standing of this practice, discuss the history of related laws, and provide guidelines for drivers in different states.

Social and Legal Background

Several decades ago, the state considered making it illegal to pass on the right. However, the public outcry was significant, and a compromise was reached. A law was passed in New Jersey allowing vehicles to pass on the right if the car in front is making a left-hand turn or when there are two or more continuous lines of traffic. The Appellate Division has interpreted this to mean that it is only legal to pass on the right if the left lane is completely congested or traffic is stopped.

The concern lies not only with the legal standing but also with the effectiveness of such laws. Many drivers argue that they pay taxes and should be able to drive anywhere they wish. However, there are always those who ignore the rules, leading to unsafe driving conditions. These individuals are often singled out for special treatment, such as being given a "blue light special," where faster-moving vehicles pass them on the right.

Laws by State

The legality of passing on the right varies significantly by state. In New Jersey, drivers can pass on the right with certain conditions, but other states have different regulations.

In NJ, it is legal to pass on the right when:

The vehicle in front is making a left-hand turn There are two or more continuous lines of traffic

According to the Appellate Division, this only applies when there is so much congestion in the left lane that passing is impossible, or when traffic is stopped in the left lane and still moving in the right lane.

Other states have similar but often more restrictive laws. For instance, in some states, it is legal to pass on the right, while in others, it is not. In states like New Jersey, it's clear what the rules are, but in other states, it can be more ambiguous.

Instructions for Safe Driving

While it is often legal to pass on the right, drivers should always exercise caution and consider the potential hazards. Here are some guidelines for safe driving:

Check your mirrors and blind spots before changing lanes Use turn signals and flashers to indicate your intentions Ensure that the car in front is not making a turn or signaling Do not exceed the speed limit when passing on the right Avoid using the shoulder or emergency lane for passing, as it is illegal in most states

Temporary bypass lanes marked with solid and dashed lines should be respected. On two-lane highways, if a slow-moving vehicle is in the left lane, it is permissible to pass on the right, but one must not exceed the speed limit.

International Perspective

The legality of passing on the right varies across countries. While in the United States, several states allow it under specific conditions, in countries like Germany, passing on the right is not allowed on the Autobahn. Similarly, Connecticut once had a law against passing on the right, but it's unclear if this law still stands.

Drivers in Interstate 95 north of NC often ignore the law, further complicating the issue. Understanding the law and adhering to it is crucial for maintaining safe and efficient traffic flow.

In conclusion, while passing on the right may be legal in some states under certain conditions, drivers must be aware of the specific rules and always prioritize safety. By following these guidelines, we can ensure that our freeways continue to be safe and efficient travel routes.