9-36-020 Overtaking vehicle on the right.
   (a)   The driver of a vehicle or a Class 3 low-speed electric bicycle may overtake and pass upon the right of another vehicle only under the following conditions:
      (1)   When the vehicle overtaken is making or about to make a left turn and there is sufficient safe clearance distance between the turning vehicle and the right edge of the roadway;
      (2)   Upon any roadway with unobstructed pavement of sufficient width for two or more lanes of moving vehicles in each direction; or
      (3)   Upon any roadway on which traffic is restricted to one direction of movement, where the unobstructed pavement is of sufficient width for two or more lanes of moving vehicles.
   (b)   The driver of a vehicle may overtake and pass another vehicle upon 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.
(Added Coun. J. 7-12-90, p. 18634; Amend Coun. J. 4-10-19, p. 99061, § 1)