In a prior post, we examined the rules a vehicle must follow when passing another vehicle moving in the opposite direction. Today, we look at vehicle passing while both vehicles are traveling in the same direction. Also, an examination of passing bicycles is reviewed.
In reading the relevant statute in Kansas, KSA 8-1516, we see that passing a vehicle traveling in the same direction must be done to the left. Most of us already knew this. From a policy standpoint, however, we can see the statute also includes a provision for the overtaken vehicle to give the right of way to the passing vehicle. This is something we often know, but do not make a tremendous effort to practice. The inclusion of this provision seems to indicate an attempt by the legislature to promote safer passing of vehicles in these situations.
Also included is a provision when passing bicycles. This can be a controversial issue in some parts of the country. Many drivers can feel frustrated having to share the road with slower moving bicycles. Provisioins are given in this statute, however, to allow a vehicle to pass a bicycle even in no passing zones if done with caution.
Prosecutors and defense attorneys both must deal with evidence relating to how safe the overtaking vehicle executed the pass. Often, again, this can be more burdensome on a prosecutor unless witnesses to the pass are available. Review your state’s statute on passing in the same direction and see if provisionis are also allowed for bicycles.
Until next time, drive safe!