CVC 21650Eligible for written declaration

Failure to Drive on Right Side of Roadway

Not driving on the right half of the roadway on a highway, outside the exceptions the section lists, such as passing, a lawful left turn, or the right half being closed for construction or repair.

Reviewed by the TicketClear teamLast reviewed October 10, 2026

Fine: $234DMV Points: 1🏫 Traffic School Eligible

Insurance: insurers must weigh your driving safety record first (Insurance Code 1861.02(a)), and more than one point in the previous three years ends Good Driver Discount eligibility (Insurance Code 1861.025(b)(1)).

This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.

What is a Failure to Drive on Right Side of Roadway ticket?

CVC 21650 says that upon all highways, a vehicle shall be driven upon the right half of the roadway, except: (a) when overtaking and passing another vehicle proceeding in the same direction under the rules governing that movement; (b) when placing a vehicle in a lawful position for, and when lawfully making, a left turn; (c) when the right half of a roadway is closed to traffic under construction or repair; (d) upon a roadway restricted to one-way traffic; (e) when the roadway is not of sufficient width; and (f) when the vehicle is necessarily traveling so slowly as to impede the normal movement of traffic, the portion of the highway next to the right edge of the roadway may be used temporarily when in a condition permitting safe operation.

Ask your insurer how a conviction affects your policy.

What the Law Says

Upon all highways, a vehicle shall be driven upon the right half of the roadway, except as follows: (a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing that movement. (b) When placing a vehicle in a lawful position for, and when the vehicle is lawfully making, a left turn. (c) When the right half of a roadway is closed to traffic under construction or repair. (d) Upon a roadway restricted to one-way traffic. (e) When the roadway is not of sufficient width. (f) When the vehicle is necessarily traveling so slowly as to impede the normal movement of traffic, that portion of the highway adjacent to the right edge of the roadway may be utilized temporarily when in a condition permitting safe operation. (g) This section does not prohibit the operation of bicycles on any shoulder of a highway, on any sidewalk, on any bicycle path within a highway, or along any crosswalk or bicycle path crossing, where the operation is not otherwise prohibited by this code or local ordinance. (h) This section does not prohibit the operation of a transit bus on the shoulder of a state highway in conjunction with the implementation of a program authorized pursuant to Section 148.1 of the Streets and Highways Code on state highways within the areas served by the transit services of the Monterey-Salinas Transit District or the Santa Cruz Metropolitan Transit District.

What the Officer Must Prove

1You were driving upon a highway
2You were not driving upon the right half of the roadway
3None of the exceptions in CVC 21650(a) to (f) applied

Arguments Commonly Raised for Failure to Drive on Right Side of Roadway

General information: arguments drivers commonly raise for this code section. Whether any applies depends on your own facts.

Passing

CVC 21650(a): the rule does not apply when overtaking and passing another vehicle proceeding in the same direction under the rules governing that movement.

Left turn

CVC 21650(b): the rule does not apply when placing a vehicle in a lawful position for, and when lawfully making, a left turn.

Right half closed

CVC 21650(c): the rule does not apply when the right half of the roadway is closed to traffic under construction or repair.

One-way roadway or narrow roadway

CVC 21650(d) and (e): the rule does not apply upon a roadway restricted to one-way traffic, or when the roadway is not of sufficient width.

⚠️ Common Mistakes

✗Not photographing the road, lane markings and any construction
✗Leaving out why you were where you were on the roadway

What this code section covers (general information)

CVC 21650 — Failure to Drive on Right Side of Roadway. Not driving on the right half of the roadway on a highway, outside the exceptions the section lists, such as passing, a lawful left turn, or the right half being closed for construction or repair.

This is a fixed-rule section: it describes a specific act or limit. Disputes under sections like this usually turn on the facts — what happened, where, and how it was observed or measured.

Eligible for Trial by Written Declaration: generally yes.

This is general information about CVC 21650. It is not advice about your citation, and TicketClear does not evaluate anyone's facts. Whether any of it applies depends on your own facts. For advice about your situation, consult a licensed California attorney.

Frequently Asked Questions About Failure to Drive on Right Side of Roadway

When can I drive on the left half of the road?▼

CVC 21650 lists the exceptions: passing under the rules for that movement, a lawful left turn, the right half closed for construction or repair, a one-way roadway, a roadway not of sufficient width, and a slow vehicle temporarily using the right edge.

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Traffic School Option

A conviction adds 1 DMV point. Traffic school may be available to keep the point off your public record, but not for a violation in a commercial motor vehicle (Vehicle Code 42005(c)(1)). Check your notice or your court's website for your options.

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Related Violations

CVC 21651(a)CVC 21750