CVC 21753Eligible for written declaration

Failure to Allow Safe Passing

Not safely moving to the right for an overtaking vehicle after its audible signal or momentary flash of headlights, or speeding up before it has completely passed.

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 Failure to Allow Safe Passing ticket?

CVC 21753 says that, except when passing on the right is permitted, the driver of an overtaken vehicle shall safely move to the right-hand side of the highway in favor of the overtaking vehicle after an audible signal or a momentary flash of headlights by the overtaking vehicle, and shall not increase speed until completely passed by the overtaking vehicle. It does not require the driver of an overtaken vehicle to drive on the shoulder of the highway to allow the overtaking vehicle to pass.

Ask your insurer how a conviction affects your policy.

What the Law Says

Except when passing on the right is permitted, the driver of an overtaken vehicle shall safely move to the right-hand side of the highway in favor of the overtaking vehicle after an audible signal or a momentary flash of headlights by the overtaking vehicle, and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle. This section does not require the driver of an overtaken vehicle to drive on the shoulder of the highway in order to allow the overtaking vehicle to pass.

What the Officer Must Prove

1You were the driver of a vehicle being overtaken
2The overtaking vehicle gave an audible signal or a momentary flash of headlights
3You did not safely move to the right-hand side of the highway, or you increased speed before being completely passed

Arguments Commonly Raised for Failure to Allow Safe Passing

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

No signal given

CVC 21753 applies after an audible signal or a momentary flash of headlights by the overtaking vehicle. Describe whether you heard or saw one.

No duty to use the shoulder

The section does not require the driver of an overtaken vehicle to drive on the shoulder of the highway to let the other vehicle pass.

Passing on the right was permitted

The section does not apply when passing on the right is permitted.

⚠️ Common Mistakes

✗Leaving out whether the other driver signaled
✗Not describing the road and shoulder

What this code section covers (general information)

CVC 21753 — Failure to Allow Safe Passing. Not safely moving to the right for an overtaking vehicle after its audible signal or momentary flash of headlights, or speeding up before it has completely passed.

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 21753. 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 Allow Safe Passing

Do I have to drive on the shoulder to let a car pass?▼

No. CVC 21753 says it does not require the driver of an overtaken vehicle to drive on the shoulder of the highway to allow the overtaking vehicle to pass.

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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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