(A) (1) The driver of any vehicle overtaking another vehicle proceeding in the same direction shall pass at least two feet to the left thereof, and shall not again drive to the right side of the roadway until safely clear of such overtaken vehicle. This division shall not apply when a vehicle is passing another vehicle pursuant to division (B) below or § 71.054.
(2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle while being lawfully overtaken on audible signal and shall not increase the speed of such vehicle until completely passed by the overtaking vehicle.
(B) (1) The driver of a vehicle shall not drive to the left side of the center of a roadway, in overtaking and passing another vehicle proceeding in the same direction, unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be safely made.
(2) The driver of a vehicle shall not overtake and pass another vehicle proceeding in the same direction upon the crest of a grade or upon a curve in the roadway where the driver’s view along the roadway is obstructed within a distance of 500 feet.
(3) The driver of a vehicle shall not overtake and pass any other vehicle proceeding in the same direction at any railway grade crossing nor at any intersection of roadway, unless permitted to do so by a police officer.
(4) The driver of a vehicle shall not drive to the left side of the centerline of a roadway upon the crest of a grade or upon a curve in the roadway where such centerline has been placed upon such roadway by the Department of Transportation, and is visible.
(5) The driver of a vehicle shall not overtake and pass another vehicle on any portion of a roadway which is marked by signs, markers or markings placed by the town or the Department of Transportation stating or clearly indicating that passing should not be attempted. This division (B)(5) shall not apply when the overtaking and passing is done in accordance with all of the following:
(a) The slower moving vehicle to be passed is a bicycle or a moped;
(b) The slower moving vehicle is proceeding in the same direction as the faster moving vehicle;
(c) The driver of the faster moving vehicle either provides a minimum of four feet between the faster moving vehicle and the slower moving vehicle or completely enters the left lane of the roadway;
(d) The operator of the slower moving vehicle is not making a left turn or signaling in accordance with G.S. § 20-154 that he or she intends to make a left turn; and
(e) The driver of the faster moving vehicle complies with all other applicable requirements set forth in this section.
(6) The driver of a vehicle shall not overtake and pass self-propelled farm equipment proceeding in the same direction when the farm equipment is making a left turn or signaling that it intends to make a left turn.
(7) The foregoing limitations shall not apply upon a one-way street nor to the driver of a vehicle turning left in or from an alley, private road or driveway.
(Ord. 21-012, passed 10-11-2021)