(1) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
When the vehicle overtaken is making or giving indication of making a left turn;
Upon a street or highway with unobstructed pavement not occupied by parked vehicles and marked for two or more lanes of moving vehicles in each direction; or
Upon a one-way street or upon any roadway on which traffic is restricted to onedirection of movement where the roadway is free from obstructions and marked for two or more lanes of moving vehicles.
(1.5) The driver of a motor vehicle upon a one-way roadway with two or more marked traffic lanes, when overtaking a bicyclist proceeding in the same direction and riding on the lefthand side of the road, shall allow the bicyclist at least a three-foot separation between the left side of the driver's vehicle, including all mirrors or other projections, and the right side of the bicyclist at all times.
The driver of a vehicle may overtake and pass another vehicle upon the right onlyunder conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.
Any person who violates any provision of this section commits a class A trafficinfraction.
Source: L. 94: Entire title amended with relocations, p. 2359, § 1, effective January 1, 1995. L. 2009: (1.5) added, (SB 09-148), ch. 239, p. 1088, § 3, effective August 5.
Editor's note: This section is similar to former § 42-4-904 as it existed prior to 1994, and the former § 42-4-1004 was relocated to § 42-4-1104.