CVC 21755(a)Eligible for written declaration

Passing on Right Using Shoulder or Edge

Passing a vehicle on the right when conditions do not permit the move in safety, or by driving off the paved or main-traveled portion of the roadway.

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 Right Using Shoulder or Edge ticket?

CVC 21755(a) says the driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting that movement in safety. In no event shall that movement be made by driving off the paved or main-traveled portion of the roadway.

Ask your insurer how a conviction affects your policy.

What the Law Says

(a) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting that movement in safety. In no event shall that movement be made by driving off the paved or main-traveled portion of the roadway.

What the Officer Must Prove

1You overtook and passed another vehicle upon the right
2You did so under conditions that did not permit the movement in safety, or by driving off the paved or main-traveled portion of the roadway

Arguments Commonly Raised for Passing on Right Using Shoulder or Edge

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

Stayed on the paved or main-traveled portion

CVC 21755(a) prohibits passing on the right by driving off the paved or main-traveled portion of the roadway. If you stayed on it, describe where your vehicle was and include photos.

Conditions permitted it in safety

The section allows passing on the right under conditions permitting that movement in safety. Describe the traffic, lanes and conditions.

⚠️ Common Mistakes

✗Not photographing the roadway, lane lines and shoulder
✗Leaving out where your wheels were during the pass

What this code section covers (general information)

CVC 21755(a) — Passing on Right Using Shoulder or Edge. Passing a vehicle on the right when conditions do not permit the move in safety, or by driving off the paved or main-traveled portion of the roadway.

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 21755(a). 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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