<section number="41-6a-704"><effdate>5/1/2024</effdate><histories><history>Amended by Chapter <modchap sess="2024GS">456</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><sunset repsec="63I-1-241" repdate="7/1/2027" /><catchline>Overtaking and passing vehicles proceeding in same direction.</catchline><subsection number="41-6a-704(1)">As used in this section:<subsection number="41-6a-704(1)(a)"><subsection number="41-6a-704(1)(a)(i)">"Off-ramp" means the portion of a roadway that connects a freeway or limited access highway to an intersection.</subsection><subsection number="41-6a-704(1)(a)(ii)">"Off-ramp" does not include the portion of a roadway that connects two controlled access highways, two limited access highways, or a controlled access highway and a limited access highway.</subsection></subsection><subsection number="41-6a-704(1)(b)"><subsection number="41-6a-704(1)(b)(i)">"On-ramp" means the portion of a roadway that connects an intersection to a freeway or limited access highway.</subsection><subsection number="41-6a-704(1)(b)(ii)">"On-ramp" does not include the portion of a roadway that connects two controlled access highways, two limited access highways, or a controlled access highway and a limited access highway.</subsection></subsection></subsection><subsection number="41-6a-704(2)"><subsection number="41-6a-704(2)(a)">Except as provided in Section <xref depth="3" refnumber="41-6a-718">41-6a-718</xref>, on any highway:<subsection number="41-6a-704(2)(a)(i)">the operator of a vehicle overtaking another vehicle proceeding in the same direction shall:<subsection number="41-6a-704(2)(a)(i)(A)">except as provided under Section <xref depth="3" refnumber="41-6a-705">41-6a-705</xref>, promptly pass the overtaken vehicle on the left at a safe distance; and</subsection><subsection number="41-6a-704(2)(a)(i)(B)">enter a right-hand lane or the right side of the roadway only when safely clear of the overtaken vehicle;</subsection></subsection><subsection number="41-6a-704(2)(a)(ii)">the operator of an overtaken vehicle:<subsection number="41-6a-704(2)(a)(ii)(A)">shall give way to the right in favor of the overtaking vehicle; and</subsection><subsection number="41-6a-704(2)(a)(ii)(B)">may not increase the speed of the vehicle until completely passed by the overtaking vehicle.</subsection></subsection></subsection><subsection number="41-6a-704(2)(b)">The exemption from the minimum speed regulations for a vehicle operating on a grade under Section <xref depth="3" refnumber="41-6a-605">41-6a-605</xref> does not exempt the vehicle from promptly passing a vehicle as required under Subsection (2)(a)(i)(A).</subsection></subsection><subsection number="41-6a-704(3)">On a highway having more than one lane in the same direction, the operator of a vehicle traveling in the left general purpose lane:<subsection number="41-6a-704(3)(a)">shall, upon being overtaken by another vehicle in the same lane, yield to the overtaking vehicle by moving safely to a lane to the right; and</subsection><subsection number="41-6a-704(3)(b)">may not impede the movement or free flow of traffic in the left general purpose lane.</subsection></subsection><subsection number="41-6a-704(4)">An operator of a vehicle traveling in the left general purpose lane that has a vehicle following directly behind the operator's vehicle at a distance so that less than two seconds elapse before reaching the location of the operator's vehicle when space is available for the operator to yield to the overtaking vehicle by traveling in the right-hand lane is prima facie evidence that the operator is violating Subsection (3).</subsection><subsection number="41-6a-704(5)">The provisions of Subsection (3) do not apply to an operator of a vehicle traveling in the left general purpose lane when:<subsection number="41-6a-704(5)(a)">overtaking and passing another vehicle proceeding in the same direction in accordance with Subsection (2)(a)(i);</subsection><subsection number="41-6a-704(5)(b)">preparing to turn left or taking a different highway or an exit on the left;</subsection><subsection number="41-6a-704(5)(c)">responding to emergency conditions;</subsection><subsection number="41-6a-704(5)(d)">avoiding actual or potential traffic moving onto the highway from an acceleration or merging lane; or</subsection><subsection number="41-6a-704(5)(e)">following the direction of a traffic-control device that directs the use of a designated lane.</subsection></subsection><subsection number="41-6a-704(6)">An individual may engage in lane filtering only when the following conditions exist:<subsection number="41-6a-704(6)(a)">the individual is operating a motorcycle;</subsection><subsection number="41-6a-704(6)(b)">the individual is:<subsection number="41-6a-704(6)(b)(i)">on a roadway that is divided into two or more adjacent traffic lanes in the same direction of travel; or</subsection><subsection number="41-6a-704(6)(b)(ii)">on an off-ramp that is divided into two or more adjacent traffic lanes in the same direction of travel;</subsection></subsection><subsection number="41-6a-704(6)(c)">the individual is:<subsection number="41-6a-704(6)(c)(i)">on a roadway with a speed limit of 45 miles per hour or less; or</subsection><subsection number="41-6a-704(6)(c)(ii)">on an off-ramp;</subsection></subsection><subsection number="41-6a-704(6)(d)">the individual is not on an on-ramp;</subsection><subsection number="41-6a-704(6)(e)">the vehicle being overtaken in the same lane is stopped;</subsection><subsection number="41-6a-704(6)(f)">the motorcycle is traveling at a speed of 15 miles per hour or less; and</subsection><subsection number="41-6a-704(6)(g)">the movement may be made safely.</subsection></subsection><subsection number="41-6a-704(7)">A violation of Subsection (2), (3), or (6) is an infraction.</subsection></section>