Is it Legal to Pass on the Right in Maryland?

When driving down a multi-lane road, drivers occasionally have to pass the car in front of them. They typically do this on the left side of the road, but many wonder if they’re allowed to pass on the right side in Maryland. Ultimately, it depends on the situation. Like many other states, the decision is left up to the driver if they deem it safe, but Maryland does have specific regulations regarding when you may pass on the right.

If you received a traffic ticket for passing on the right, reach out to The Law Office of Hillel Traub for legal assistance. Attorney Hillel Traub is a skilled traffic defense attorney who will investigate your violation and fight to have it dismissed.

Maryland Law on Right-Side Passing

Section 21-303 of the Maryland Transportation Article titled General Rules Governing Overtaking and Passing Vehicles states that, in general, vehicles must pass others on the left. However, subsection D of the code permits passing on the right in certain circumstances.

Those circumstances are detailed further in Section 21-304, titled When Passing on the Right is Permitted. A driver can pass on the right in Maryland when:

  • The overtaken vehicle is making a left-hand turn.
  • Drivers are on highways that are wide enough for two or more traffic lanes going in the same direction.
  • Drivers are on one-way roads where there’s no obstruction and wide enough for two or more lanes of moving traffic.

As long as you make a reasonably safe decision, it’s legal to pass on the right. Keep in mind that right-hand passing is more dangerous as you have a larger blind spot, making it easier to cause a car crash. Most exit ramps are also on the right, meaning many drivers are already merging from the far-right lane.

If a cop sees you pass on the right and does not think the move was safe, they may issue a citation.

Possible Defenses an Attorney Can Use to a Passing on the Right Traffic Ticket

The most common defense your Maryland traffic attorney will use is to argue that it was safe to pass on right. You may testify about the road conditions and rely on a cop’s dash cam as evidence to support your defense. Your attorney might also be able to determine whether other police officers issued similar citations in the location where you were stopped. If they didn’t, it could strengthen your case.

Contact a Skilled Traffic Violation Lawyer in Maryland

Your best defense to a passing on the right violation that you believed it was safe to merge at that time. This will be hard to prove without skilled representation, so you’ll need the assistance of a Maryland traffic attorney. Hillel Traub is an accomplished legal professional with over 20 years of experience. As a former attorney for the Maryland Motor Vehicle Administration, he has a unique understanding of traffic violations other attorneys do not. This makes him an ideal option for effective representation after a traffic ticket.

Call (410) 580-1100 or complete an online contact form today to schedule your free consultation.