Section 21-304 of the Maryland Transportation Article When Passing on right is permitted states:

            (a) In general.- Subject to the requirements of subsection (b) of this section, the

            driver of a vehicle may overtake and pass to the right of another vehicle only:

(1)   if the overtaken vehicle is making or about to make a left turn:

(2) On a highway with unobstructed pavement no occupied by parked vehicles and wide enough for two or more lines of vehicles moving lawfully in the same direction as the overtaking vehicle; or

(3) On any one-way roadway, if the roadway is free from obstruction and wide enough for two or more lines of moving vehicles. 

(b) Safe conditions required. - The driver of a vehicle may not overtake and pass another vehicle to the right only if it is safe to do so.  

(c) Driving off roadway.- The movement described under subsection (b) of this section may not be made by driving off the roadway.

Miller & Zois Analysis

 The primary battlefield on this jury instruction is section 21-304(b) regarding what constitutes “safe to do so.”  We recently addressed this issue in an appellate brief in Baltimore City Circuit Court. 

 

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