Ordinarily one would assume that it almost always impermissible to pass someone in the right lane. As we all know from driver’s ed, the left lane is for passing! However, there are specific circumstances in Florida when passing on the right is legally kosher.
Florida Statute § 316.084 “When overtaking on the right is permitted.”
(1)The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions:
(a)When the vehicle overtaken is making or about to make a left turn;
(b)Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving traffic in each direction;
(c)Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.
(2)The driver of a vehicle may overtake and pass another vehicle on the right only under 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.
(3)A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 108, ch. 99-248.
It is important to note that conditions A, B, or C must be fulfilled and that the driver must also overtake and pass “only under conditions permitted such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.” Obviously, this statute becomes an issue when wrecks occur due to the failure of motorists to exercise due care when driving on the Florida roads. If you are dealing with an insurance claim or lawsuit involving a car wreck, our firm would be more than happy to try and assist you with these matters. We handle cases in Destin, Fort Walton Beach, Navarre, Mary Esther, Panama City, and others. Please contact our firm via phone for a free consult.
