O.C.G.A.

O.C.G.A. § 40-6-43 (2019)

When overtaking and passing on the right permitted

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: (1) When the vehicle overtaken is making or about to make a left turn; or (2) Upon a street or highway with unobstructed pavement of sufficient width for two or more lanes of moving vehicles in the direction being traveled by the overtaking vehicle. (b) If otherwise authorized, the driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway.

History

(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 58; Code 1933, § 68A-304, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5.)

Annotations

JUDICIAL DECISIONS Jury instruction proper. - See Hogan v. Pony Express Courier Corp., 195 Ga. App. 592, 394 S.E.2d 391 (1990).

Cited in Thomas v. State, 294 Ga. App. 108, 668 S.E.2d 540 (2008).

RESEARCH REFERENCES Am. Jur. 2d. - 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 253. C.J.S. - 60A C.J.S., Motor Vehicles, § 744. ALR. - Reciprocal duties of drivers of automobiles or other vehicles proceeding in the same direction, 24 A.L.R. 507; 47 A.L.R. 703; 62 A.L.R. 970; 104 A.L.R. 485.

Liability for injury or damage growing out of pulling out of parked motor vehicle, 29 A.L.R.2d 107. Reciprocal rights, duties, and liabilities where driver of motor vehicle attempts to pass on right of other motor vehicle proceeding in same direction, 38 A.L.R.2d 114.

Automobiles: duty and liability with respect to giving audible signal before passing, 22 A.L.R.3d 325.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1990–2024 · leading case: Thomas v. State, 668 S.E.2d 540 (Ga. Ct. App. 2008).

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Thomas v. State, 668 S.E.2d 540 (Ga. Ct. App. 2008). · cites it 2× “Following a bench trial, the State Court of Henry County found Matthew Thomas guilty of driving while under the influence of alcohol to the extent it was less safe to drive, OCGA § 40-6-391 (a) (1); failure to maintain a lane, OCGA § 40-6-48; and improper passing on the right,…”

Hogan v. Pony Express Courier Corp., 394 S.E.2d 391 (Ga. Ct. App. 1990). · cites it 2× “Appellant contends that the trial court erred in failing to instruct the jury in the exact statutory language of OCGA § 40-6-43. We have examined the charge and find that it accurately stated the law in substance, and there was no error in failing to charge exactly as appellant…”

Lisa Barrett, as Adm'r of the Est. of Lizzie Curry v. Earl L. Farrior (Ga. Ct. App. 2024). · cites it 6× “(OCGA § 40-6-42, OCGA § 40-6-43). Farrior had legal right to the entire lane.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.