432.04 OVERTAKING, PASSING TO RIGHT OF VEHICLE.

   (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)   (1)   Penalty - see Sections 408.01 and 408.02.

      (2)   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 408.03 of the Traffic Code.

         (ORC 4511.28.)