California traffic laws regarding passing and inappropriate passing are found in Sections 21750-21759 VC of the Vehicle Code.
Each section of the code provides specific rules about passing vehicles, passing vehicles, or both.
- Vehicle code 21750 VC requires drivers to pass on the left.
- Vehicle code 21751The VC requires drivers to pass left of center only when there is sufficient space.
- Vehicle Code 21752 VC prohibits drivers from passing and passing on the left under specific circumstances.
- Vehicle Code 21753 VC requires passing drivers to yield to the passing vehicle.
- Vehicle code 21754 VC allows drivers to overtake and pass on the right only in specific situations.
- Vehicle Code 21755 VC places more restrictions on passing on the right side.
- Vehicle code 21756 VC limits when drivers can pass buses and streetcars.
- Vehicle Code 21757 VC establishes additional limitations with buses and streetcars and prohibits passing on the left in specific situations.
- Vehicle Code VC 21758 establishes safety rules when drivers pass slow vehicles traveling downhill.
- Vehicle Code 21759 VC requires all drivers to use caution when passing animals.
- Vehicle code 22454 prohibits passing a school bus when red lights are flashing
In the following article, ourCalifornia Car Accident Lawyerswill address:
- 1. What are the passing and passing laws in California?
- 1.1 Are motorists allowed to pass on the left under vehicle code 21750?
- 1.2 Can drivers in California pass left of center with vehicle code 21751?
- 1.3 Are there circumstances where drivers cannot pass on the left under Vehicle Code 21752?
- 1.4 Are passing drivers required to yield under Vehicle Code 21753?
- 1.5 Are there situations where California drivers can pass on the right under Vehicle Code 21754?
- 1.6 Can drivers in California pass on the right when leaving the highway under Vehicle Code 21755?
- 1.7 Are there limitations on when drivers can pass stopped buses and streetcars per Vehicle Code 21756?
- 1.8 Can drivers overtake buses and trams on the left according to Highway Code 21757?
- 1.9 Are there restrictions on passing and passing slow vehicles on ramps per Vehicle Code 21758?
- 1.10 Can drivers pass animals on California highways under Vehicle Code 21759?
- 2. Are there legal defenses if a driver violates Vehicle Code Sections 21750-21759 VC?
- 2.1 What are the most common defenses?
- 2.2 Do I need a lawyer?
- 3. What are the penalties for violating California passing and passing laws?
- 4. Do I have to attend traffic school if I illegally pass another vehicle?
- 5. Is it a crime to violate Sections 21750-21759 VC of the Vehicle Code?
- 6. What happens if I ignore a ticket for violating Vehicle Code Sections 21750-21759?
- 6.1 What is a violation of Vehicle Code 40508 VC?
- 6.2 What are the penalties for violating Vehicle Code 40508 VC?
- 7. What is the effect of violating Vehicle Code Sections 21750-21759 on a personal injury claim?
- 8. Are there laws related to overtaking and California overtaking laws?
- 8.1 What are California's “speed laws”?
- 8.2 What is the California law regarding driving on the wrong side of the road?
- 8.3 What is reckless driving under California law?
1. What are the passing and passing laws in California?
California has several important traffic rules related to passing and passing while operating a motor vehicle.
They provide specific instructions on when it is safe and appropriate to overtake and overtake vehicles, buses, trams, and animals. They also provide guidance on where and when a driver should pass.
1.1 Can motorists pass on the left under Vehicle Code 21750 VC?
VC 21750 essentially requires drivers to pass and pass other drivers on the left side of a road and at a safe distance.
Vehicle code 21750(a) states:
The driver of a vehicle that overtakes another moving in the same direction, must overtake to the left at a safe distance without interfering with the operational safety of the overtaken vehicle, with the limitations and exceptions provided in this article.1
1.2 Can California drivers pass left of center with vehicle code 21751 VC?
In accordance with VC 21751, drivers on a dual carriageway may only pass on the left when there is sufficient clearance.2
Vehicle Code 21751 states that there is sufficient clearance when "the left side is clearly visible and clear of oncoming traffic a sufficient distance ahead...".3
1.3 Are there circumstances where drivers cannot pass on the left with vehicle code 21752 VC?
Vehicle Code 21752 VC sets forth specific conditions when drivers may not pass and pass on the left.
Pursuant to VC 21752, no vehicle may drive to the left side of the lane when:
- Approaching the top of a slope or curve and your view is obstructed;
- Your vision is obstructed when you are within 100 feet of a bridge, viaduct, or tunnel;
- Get less than 100 feet from a railway crossing;
- Approach within 30 meters of an intersection.4
1.4 Should Overtaking Drivers Yield Under Highway Code 21753 VC?
VC 21753 states that drivers must yield the right-of-way to passing vehicles.
Vehicle code 21753 provides:
Except when passing on the right is permitted, the driver of the vehicle being passed must move safely to the right side of the roadway for the passing vehicle, after a beep or momentary flash of the passing vehicle's lights, and must not increase the speed of your vehicle until you have completely passed the vehicle you are passing.5
The driver of the overtaken vehicle is not required to yield to the shoulder of a road.6
1.5 There are situations where drivers in California can pass on the right with vehicle code 21754 VC.
Per Vehicle Code 21754, drivers are allowed to pass and pass vehicles on the right. But, they can only do so under certain conditions.7
VC 21754 lists five conditions. These are when a vehicle is:
- overtaking a vehicle turning left;
- On a highway within a commercial or residential district with an unobstructed pavement of sufficient width and clearly marked for two or more lines of traffic moving in the direction of travel;
- On any road outside a commercial or residential district with an unobstructed pavement of sufficient width and clearly marked for two or more lines of traffic moving in the direction of travel;
- On a one way street; Is,
- On a two-lane divided highway where traffic is restricted to one direction in each lane.8
1.6 Can drivers in California pass on the right when leaving the highway with vehicle code 21755 VC?
Vehicle Code 21755 establishes additional rules when drivers pass on the right. CV 21755 states:
The driver of a vehicle may overtake and overtake another vehicle on the right only in conditions that allow such circulation safely. In no case should this movement be carried out outside the paved or main road.9
1.7 Are there limitations on when drivers can pass buses and streetcars stopped under vehicle code 21756 VC?
VC 21756 VC states that drivers may pass stopped buses or streetcars (that are picking up or unloading passengers) only in security zones or at intersections controlled by officers or signaling devices.10
Vehicle Code 21756 also requires drivers not to exceed 10 miles per hour when passing stopped buses or streetcars and loading or unloading passengers.11
1.8 Can drivers overtake buses and streetcars on the left according to Highway Code 21757 VC?
In accordance with VC 21757, drivers may pass moving or stopped buses and streetcars on the left, but only in limited circumstances.12
VC 21757 states that these circumstances include when a driver is:
- Led by an officer; either,
- On a one way street.13
1.9 Are there restrictions on passing and passing slow vehicles on ramps per Vehicle Code 21758 VC?
VC 21758 applies to drivers passing and passing slow vehicles traveling on a grade outside of a commercial or residential district.
Vehicle code 21758 says:
In the event any vehicle is being operated in any grade outside of a commercial or residential district at a speed of less than 20 miles per hour, no person operating any other motor vehicle shall attempt to pass such slow-moving vehicle unless the vehicle is overtaking is operated at a speed of at least 10 miles per hour in excess of the speed of the vehicle being overtaken, unless the overtaking movement is completed over a total distance of not more than one-quarter mile.14
1.10 Can drivers pass animals on California highways with vehicle code 21759 VC?
VC 21759 requires drivers to use caution when passing animals.15
Animals in this section include horses, cattle, and any mounted animal.sixteen
As for mounted animals, passing drivers must obey the signals given by the person riding the animal to avoid scaring the animal.17
2. Are there legal defenses if a driver violates Vehicle Code Sections 21750-21759 VC?
There are legal defenses if a driver is charged with illegally passing or passing a vehicle. However, it is in the best interest of the driver to consult an attorney before creating one.
2.1 What are the most common defenses?
There are five common defenses if a driver is charged with violating Vehicle Code Sections 21750-21759. These are the ones the driver has:
- Did not pass unsafely and did not interfere with the operation of the other vehicle during the lane change;
- He had enough clearance to overtake on the left;
- Approved in strict accordance with California Vehicle Codes (such as VC 21752, 21754, 21756 and 21757).
- Passed a bus or tram in a security zone or under the direction of a police officer.
- He reached for an animal, but did so cautiously.
2.2 Do I need a lawyer?
Drivers can represent themselves when fighting a speeding ticket in California. However, it is recommended that you retain an experienced attorney to represent you.
It is advantageous to hire a lawyer for three main reasons. These are:
- Prosecutors tend to offer defendants better deals with lawyers.
- Defense attorneys know how to get fee reductions and dismissals.
- Defendants with defense attorneys do not need to go to court.
3. What are the penalties for violating California passing and passing laws?
Drivers who violate California Vehicle Code sections 21750-21759 will receive:
- A fine of $238; Is,
- A classified point on the driver's DMV driving record.18
Please note that points assessed on a driver's record are reported to the driver's insurance company. The result is often an increase in motorist insurance rates over several years.
If a person accumulates a certain number of points over a period of 1, 2, or 3 years in California, the DMV can declare that persona negligent operator. If this is done, the DMV can suspend or even revoke that person's driving privileges.Any action requires a California DMV hearing.
4. Do I have to attend traffic school if I illegally pass another vehicle?
Drivers who pass or pass illegally are not required to attend traffic school.
Drivers, however, can voluntarily choose to do so. In general, you can attend traffic school if:
- You have a valid driver's license;
- The offense occurred while he was driving a non-commercial vehicle; Is,
- Your ticket is for an infraction that is a moving violation.19
If a driver chooses to go to traffic school, they must still pay their traffic ticket.20However, the driver generally should not get any points on their driving record if they complete school.21
5. Is it a crime to violate Sections 21750-21759 of the Vehicle Code?
It is not a crime for a driver to violate a California passing or passing law.
These violations areViolations of California lawand an offender is not subject to imprisonment.
6. What happens if I ignore a ticket for violating Vehicle Code Sections 21750-21759?
Two things happen if you ignore a ticket for improper passing. These are:
- You violate a new law,Vehicle code 40508 VC, for himno show in californiaon a traffic ticket; Is,
- You may receive penalties for violating VC 40508.
6.1 What is a violation of Vehicle Code 40508 VC?
When you receive a traffic ticket in California, the officer will have you sign a written promise to show up at the specified time and place.
If you intentionally fail to show up as promised, you violate Vehicle Code 40508 VC.22Deliberately no-shows when voluntarily absent. It doesn't matter if she didn't mean to break the law.23
It also doesn't matter if you are guilty or innocent of the underlying traffic ticket.24You violate Vehicle Code 40508 simply by breaking a promise to:
- appear in court,
- Show up to pay bail
- Pay the deposit in installments,
- Pay the fine within the authorized term, or
- Comply with any condition of the court.25
6.2 What are the penalties for violating Vehicle Code 40508 VC?
Violation of Vehicle Code 40508 VC is a misdemeanor. The sanctions are:
- Up to six months in county jail and/or
- Fine of up to $1,000.26
7. What is the effect of violating Vehicle Code Sections 21750-21759 on a personal injury claim?
A driver who violates VC Vehicle Code Sections 21750-21759 and thereby causes an accident may be found negligent in a personal injury lawsuit.
California law defines"negligence"such as a lack of reasonable care to avoid harm to oneself or others. In the context of a car accident, the negligent driver is at fault for the accident and may have to pay for damages.
Evidence of Negligence in a Personal Injury Casesometimes it's hard. In California, however,a driver is considered “negligent per se”if you violate a statute.
Negligence "per se" is a legal theory in which negligence is presumed based on the defendant's violation of a statute or ordinance.
This means that a driver would be negligent if they violated Vehicle Code Sections 21750-21759.
Keep in mind, however, that even if a driver is negligent per se, the driver can still be compensated for any damages they incur. This is because of CaliforniaComparative laws of guilt.
8. Are there laws related to overtaking and California overtaking laws?
There are three laws related to Sections 21750-21759 of the Vehicle Code. These are:
- California "speed laws";
- California law about driving on the wrong side of the road; Is,
- California reckless driving law.
8.1 What are California's “speed laws”?
“Speeding laws” means California laws that impose penalties on drivers who drive at high speeds. Some of them include:
- The basic law of speed.
- absolute speed limits
- Prima facie speed limits
- Driving over 70 miles per hour
- Speeding in a construction zone
- Highway speeding
- Driving over 100 miles per hour
Penalties for violating these speeding laws generally include a fine and points assessed against the driver's DMV driving record.
When it comes to fines, the exact amount of a speeding ticket will depend on the speed at which the driver was driving. The amount will also include a base penalty, fees, and penalty assessments.
If a driver exceeds the speed limit but does not go over 100 miles per hour, the base penalty for a ticket is:
- $35 if you go over the 1-15 mile per hour limit
- $70 if you go over the 16 to 25 mile per hour limit
- $100 if you go over the limit by 26 miles per hour
8.2 What is the California law regarding driving on the wrong side of the road?
California Vehicle Code Section 21651 describes how traffic should flow on divided public highways in California.27
According to Vehicle Code 21651 (b):
It is illegal to drive any vehicle on a highway except to the right of an intermittent barrier or median section separating two or more opposing lanes of traffic.28
This language is clear. All vehicles on California highways must drive to the right of a barrier or median section. This means that they must drive on the right hand side of the road.
Driving to the left of a barrier or median section is driving on the left side of the road. A driver is driving on the wrong side of the road if he does this.
Driving on the wrong side of the road is a "wobble" under California law.A "wobbler" is a crimethat can be punished ascontraventionof unocrime.
Whether a violation of VC 21651(b) results in a misdemeanor or a felony depends on whether anyone was injured or killed as a result of the violation.
A driver guilty of driving on the wrong side of the road will also receive points on their driving record.
8.3 What is reckless driving under California law?
California Vehicle Code 23103 is the state law on reckless driving. It is a crime to drive without regard for the safety of persons or property.29
If no one other than the reckless driver is injured in the incident, VC 23101 is a California misdemeanor. You can be penalized with a maximum of:
- Five to 90 days in county jail and/or,
- Fine between US$145 and US$1,000.30
But the potential jail term and fine are increased if reckless driving causes injury.31
And any reckless driving conviction will add two points to the driver's record with the California DMV.
For additional help...
If you or someone you know has been cited for violating Vehicle Code Sections 21750 - 21759, or has been injured in a California accident, we invite you to contact our law firm for free legal advice and consultation. We are headquartered in Los Angeles, but we have law firms throughout the state.
If your ticket is in Nevada, visit our page atNRS 484B.203 Las Vegas Nevada Tickets for Non-Guaranteed Passage.
- California vehicle code 21750(a) VC.
- California Vehicle Code 21751 VC.
- See the same.
- California vehicle code 21752 VC.
- California Vehicle Code 21753 VC.
- See the same.
- California vehicle code 21754 VC.
- See the same.
- California vehicle code 21755(a) VC.
- Vehicle California 21756 VC.
- California Vehicle Code 21756(c) VC.
- California vehicle code 21757.
- See the same.
- California Vehicle Code 21758 VC.
- California Vehicle Code 21759 VC.
- See the same.
- See the same.
- Check out the California DMV.
- View the California Courts website.
- See the same.
- See the same.
- California vehicle code 40508 VC.
- CALCRIM 2240, endnote 1: Someone intentionally commits an act when they do it voluntarily or on purpose. You do not have to have the intent to break the law, hurt someone, or gain an advantage.
- See the same.
- California Vehicle Code 40508 VC, endnote
- California Penal Code 19 PC. Except where a different punishment is prescribed by law of this state, each offense declared a misdemeanor is punishable by imprisonment in the county jail not to exceed six months, or a fine not to exceed one thousand dollars ($1,000), or both.
- See California Vehicle Code 21651 VC.
- California Vehicle Code 21651(b) VC.
- California Vehicle Code 23103 VC: “(a): A person who operates a vehicle on a highway knowingly or with willful disregard for the safety of persons or property is guilty of reckless driving. (b) A person who drives a vehicle in an off-street parking lot, as defined in subdivision (c) of Section 12500, with willful or wanton disregard for the safety of persons or property is guilty of reckless driving. ”.
- Vehicle Code 23103(c): “Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punishable by confinement in a county jail for not less than five days nor more than 90 days or a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or for fine and confinement, except as provided in Section 23104 or 23105.”
- California Vehicle Code 23104(a) CVC: “Except as provided in subdivision (b), whenever the reckless driving of a vehicle causes bodily injury to a person other than the driver, the person operating the vehicle shall be, in case of conviction, punishable by imprisonment. in the county jail for not less than 30 days nor more than six months or with a fine of not less than two hundred and twenty dollars ($220) nor more than one thousand dollars ($1,000), or the same fine and confinement. ”