CVC 21751Eligible for written declaration

Passing Without a Clear View of Oncoming Traffic

Driving left of the center of a two-lane highway to pass when the left side is not clearly visible and free of oncoming traffic far enough ahead to complete the pass without interfering with vehicles coming the other way.

Reviewed by the TicketClear teamLast reviewed October 10, 2026

Fine: $234DMV Points: 1🏫 Traffic school may be available

Insurance: insurers must weigh your driving safety record first (Insurance Code 1861.02(a)), and more than one violation point counted under Vehicle Code 12810(a) to (d), (f), (i)(1) or (j) 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 Passing Without a Clear View of Oncoming Traffic ticket?

CVC 21751 says that on a two-lane highway, no vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction.

Ask your insurer how a conviction affects your policy.

What the Law Says

On a two-lane highway, no vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction.

What the Officer Must Prove

1You were on a two-lane highway
2You drove to the left side of the center of the roadway to overtake and pass a vehicle proceeding in the same direction
3The left side was not clearly visible and free of oncoming traffic for a sufficient distance ahead to complete the pass without interfering with the safe operation of a vehicle approaching from the opposite direction

Arguments Commonly Raised for Passing Without a Clear View of Oncoming Traffic

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

Clear view ahead

CVC 21751 allows the pass when the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to complete it. Describe what you could see ahead and include photos of the road.

No interference with oncoming traffic

The section is about completing the pass without interfering with the safe operation of any vehicle approaching from the opposite direction. Describe any oncoming vehicles.

⚠️ Common Mistakes

✗Not photographing the road ahead from where the pass began
✗Leaving out what you could see ahead

What this code section covers (general information)

CVC 21751 — Passing Without a Clear View of Oncoming Traffic. Driving left of the center of a two-lane highway to pass when the left side is not clearly visible and free of oncoming traffic far enough ahead to complete the pass without interfering with vehicles coming the other way.

This is a fixed-rule section: it describes a specific act or limit. The question is whether the facts show that act: what happened, where, and how it was observed or measured.

Eligible for Trial by Written Declaration: generally yes.

This is general information about CVC 21751. 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.

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Traffic School Option

A conviction adds 1 DMV point. The court may let you complete traffic school. If it is the only ticket you have done traffic school for in 18 months, the record is kept confidential and no point is counted (Vehicle Code 1808.7(a)). Traffic school is not available for a violation in a commercial motor vehicle (Vehicle Code 42005(c)(1)). If you hold a commercial driver license, the record is not kept confidential (Vehicle Code 1808.7(b)). Check your notice or your court's website for your options.

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