331.04 OVERTAKING AND PASSING UPON RIGHT.

   (a)   The driver of a vehicle 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;

      (2)   Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.

   (b)   The driver of a vehicle may overtake and pass another vehicle only under conditions permitting such movement in safety. The movement shall not be made by driving off the roadway.

   (c)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under Section 303.991 of the Traffic Code. (ORC 4511.28)