CVC 21754Eligible for written declaration

Passing on the Right Outside the Allowed Conditions

Overtaking and passing a vehicle on the right outside the conditions the section lists: a vehicle making a left turn, enough unobstructed pavement for two or more lines of traffic in your direction, a one-way street, or a divided highway.

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 on the Right Outside the Allowed Conditions ticket?

CVC 21754 says the driver of a vehicle may overtake and pass to the right of another vehicle only (a) when the vehicle overtaken is making or about to make a left turn; (b) upon a highway within a business or residence district with unobstructed pavement of sufficient width for two or more lines of moving vehicles in the direction of travel; (c) upon a highway outside a business or residence district with unobstructed pavement of sufficient width and clearly marked for two or more lines of moving traffic in the direction of travel; (d) upon a one-way street; or (e) upon a highway divided into two roadways where traffic is restricted to one direction on each roadway. The section does not relieve the driver of a slow moving vehicle from the duty to drive as closely as practicable to the right hand edge of the roadway.

Ask your insurer how a conviction affects your policy.

What the Law Says

The driver of a vehicle may overtake and pass to the right of another vehicle only under the following conditions: (a) When the vehicle overtaken is making or about to make a left turn. (b) Upon a highway within a business or residence district with unobstructed pavement of sufficient width for two or more lines of moving vehicles in the direction of travel. (c) Upon any highway outside of a business or residence district with unobstructed pavement of sufficient width and clearly marked for two or more lines of moving traffic in the direction of travel. (d) Upon a one-way street. (e) Upon a highway divided into two roadways where traffic is restricted to one direction upon each of such roadways. The provisions of this section shall not relieve the driver of a slow moving vehicle from the duty to drive as closely as practicable to the right hand edge of the roadway.

What the Officer Must Prove

1You overtook and passed another vehicle on its right
2None of the conditions in CVC 21754(a) to (e) applied

Arguments Commonly Raised for Passing on the Right Outside the Allowed Conditions

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

The other vehicle was turning left

CVC 21754(a) allows passing on the right when the vehicle overtaken is making or about to make a left turn.

Two or more lines of traffic

CVC 21754(b) and (c) allow it where the pavement is unobstructed and wide enough for two or more lines of moving vehicles in your direction (outside a business or residence district, the lines must also be clearly marked). Describe the road and include photos.

One-way street or divided highway

CVC 21754(d) and (e) allow it upon a one-way street, or upon a highway divided into two roadways with traffic restricted to one direction on each.

⚠️ Common Mistakes

✗Not photographing the road, lanes and markings
✗Leaving out which condition in CVC 21754(a) to (e) fit your pass

What this code section covers (general information)

CVC 21754 — Passing on the Right Outside the Allowed Conditions. Overtaking and passing a vehicle on the right outside the conditions the section lists: a vehicle making a left turn, enough unobstructed pavement for two or more lines of traffic in your direction, a one-way street, or a divided highway.

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 21754. 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 Passing on the Right Outside the Allowed Conditions

When is it legal to pass on the right in California?▼

CVC 21754 lists the conditions: the other vehicle is making or about to make a left turn; unobstructed pavement wide enough for two or more lines of moving vehicles in your direction (clearly marked outside a business or residence district); a one-way street; or a highway divided into two one-direction roadways.

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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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