(A) The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions:
(1) When the vehicle overtaken is making or about to make a left turn; or
(2) Upon a roadway with unobstructed pavement of sufficient width for 2 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 the movement in safety. The movement shall not be made by driving off the roadway.
(C) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within 1 year of the offense, the offender previously has been convicted of or pleaded guilty to 1 predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within 1 year of the offense, the offender previously has been convicted of 2 or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(D) 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 § 70.99(B).
(R.C. § 4511.28) (1974 Code, § 73.13)