Passing on the Right (TA Section 21‑304)

Passing on the right is limited in Maryland and can draw a citation when drivers try to get around turning or slow vehicles. Because the statute includes specific exceptions, many tickets can be defended by showing why your maneuver fit a lawful scenario or why the officer misread lane configuration and markings.

The statute: Transportation Article Section 21‑304

TA Section 21‑304 generally prohibits passing on the right except under limited conditions, such as:

• The overtaken vehicle is making or about to make a left turn; or
• The roadway is wide enough for two or more lines of vehicles moving lawfully in the direction of travel; or
• On a one‑way street with sufficient width for multiple lanes of moving traffic.

Even where permitted, the movement must be made safely and without driving off the pavement.

What the State must prove

In most cases, the State relies on lane markings, your path of travel, and the relative positions of other vehicles. We focus on whether:

• The overtaken vehicle was signaling or committed to a left turn
• The roadway width and markings permitted two lines of lawful traffic
• The maneuver was confined to the paved roadway without using the shoulder

Points and penalties

Passing on the right is a moving violation that can carry points under Maryland’s points framework. We aim to avoid points through dismissal, reduction to a no‑point offense, or PBJ.

Defense themes

1. Left‑turn context

• If the lead vehicle was signaling or making a left turn, the statute can allow a right‑side pass—so long as it was done safely on the pavement.

2. Roadway width and lane markings

• Multi‑lane roads in the same direction often allow a lawful pass on the right. Photographs and diagrams show how the lanes are configured.

3. Shoulder vs. lane

• The statute prohibits leaving the roadway to pass. We use photos to show your path stayed on the paved surface intended for traffic.

4. Safety under the conditions

• Even when the exception applies, the pass must be safe. We explain traffic speed, spacing, and visibility to demonstrate prudence.

What to do next

• Don’t pay online. Request a trial date.
• Photograph the roadway, lane markings, and shoulder width.
• Note whether the lead vehicle signaled or paused for a left turn.
• Bring clean‑record documentation; PBJ may be a prudent back‑up.

Court strategy

We pair roadway photos and lane diagrams with testimony on timing and spacing to show a lawful, safe pass—or, at minimum, to secure a no‑point resolution that protects your insurance.

Learn more about avoiding points at our Maryland Traffic Lawyers page.