Limitations on overtaking on the left.

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(1) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions of this article and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completed without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and, in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred feet of any approaching vehicle.

(2) No vehicle shall be driven on the left side of the roadway under the following conditions:

  1. When approaching or upon the crest of a grade or a curve in the highway where thedriver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;

  2. When approaching within one hundred feet of or traversing any intersection or railroad grade crossing; or

  3. When the view is obstructed upon approaching within one hundred feet of any bridge, viaduct, or tunnel.

  1. The department of transportation and local authorities are authorized to determinethose portions of any highway under their respective jurisdictions where overtaking and passing or driving on the left side of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones. Where such signs or markings are in place to define a no-passing zone and such signs or markings are clearly visible to an ordinarily observant person, no driver shall drive on the left side of the roadway within such no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length.

  2. The provisions of this section shall not apply:

  1. Upon a one-way roadway;

  2. Under the conditions described in section 42-4-1001 (1)(b);

  3. To the driver of a vehicle turning left into or from an alley, private road, or drivewaywhen such movement can be made in safety and without interfering with, impeding, or endangering other traffic lawfully using the highway; or

  4. To the driver of a vehicle passing a bicyclist moving the same direction and in thesame lane when such movement can be made in safety and without interfering with, impeding, or endangering other traffic lawfully using the highway.

(5) Any person who violates any provision of this section commits a class A traffic infraction.

Source: L. 94: Entire title amended with relocations, p. 2359, § 1, effective January 1, 1995. L. 2009: (4)(d) added, (SB 09-148), ch. 239, p. 1088, § 4, effective August 5.

Editor's note: This section is similar to former § 42-4-905 as it existed prior to 1994, and the former § 42-4-1005 was relocated to § 42-4-1105.


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