Is it against the law to pass on the right in the bike lane during heavy traffic on a two way road? I live in San Diego California..

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Is it against the law to pass on the right in the bike lane during heavy traffic on a two way road? I live in San Diego California..

Asked on June 5, 2009 under Accident Law, California

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In general, you pass traffic only on the left.  If it is a two way, two-lane road, with heavy traffic, it would appear that you cannot legally pass.  You may only pass on the right when an open highway is clearly marked for two or more lanes of travel in your direction, or if the driver ahead of you is turning left and you do not drive off the roadway.  You may not drive in a bike lane to pass.  You may only drive in a bike lane if you are making a right turn.


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